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CONVENTION

of March 20, 1883

On protection of industrial property

(as amended on 20-03-1883)
Article 1 Formation of the Union; concept of industrial property

(1) the Countries to which this Convention is applied form the Union on protection of industrial property.

(2) Objects of protection of industrial property are patents for inventions, useful models, industrial designs, trademarks, service marks, trade names and indications of origin or names of the place of origin, and also suppression of unfair competition.

(3) the Industrial property is understood in the most extended sense and extends not only to the industry and trade in the true sense of the word, but also and to areas of agricultural production and mining industry and to all products of industrial or natural origin, such as: wine, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, flour.

(4) different types of the industrial patents recognized by the legislation of the countries of the Union, such as belong To patents for inventions: import patents, patents for enhancement, additional patents and certificates, etc.

Article 2 the National treatment for citizens of the countries of the Union

(1) concerning protection of industrial property citizens of each country of the Union use the same benefits which are provided now in all other countries of the Union or will be provided afterwards by the corresponding laws to own citizens, without infringing at the same time at the rights which are specially provided by this Convention. Proceeding their this their right will be protected as well as the rights of citizens of this country, and they will use the same legal remedies from any infringement of their rights if at the same time the conditions and formalities ordered to own citizens are complied.

(2) However no conditions about the residence or availability of the company in the country where protection is asked, can be delivered to citizens of the countries of the Union as premises for use any of the rights of industrial property.

(3) Certainly, the provisions of the legislation of each of the Union countries relating to judicial and ministerial procedure and to competence of judicial and administrative authorities and also to the choice of residence or to appointment of the attorney which observance is required based on the laws on industrial property remain.

The article 3 Equating of Some Categories of persons to citizens of the countries of the Union

Citizens of the countries which are not participating in the Union who have residence or the valid and serious industrial or trade enterprises in the territory of one of the Union countries are equated to citizens of the countries of the Union.

Article 4 A. - I. Patents, useful models, industrial designs, trademarks, copyright certificates: priority right. - G. Patents: separation of the request

A. - (1) Any person who properly submitted the patent application for the invention, useful model, industrial design or the trademark in one of the Union countries or the legal successor of this person uses for application in other countries the priority right during the terms provided below.

(2) the Basis for emergence of the right of priority any application which is valid correctly drawn up national application according to the national legal system of each country of the Union or with the bilateral or multilateral agreements signed between the Union countries is recognized.

(3) it is necessary to understand any giving which is enough for establishment of date of application in the respective country what was the future of this request As correctly drawn up national application.

B. - Thereof the subsequent application in one of the other countries of the Union before the expiration of these terms cannot be acknowledged invalid based on the actions made in this period, in particular, based on other application, publication of the invention or its use, release in sale of copies of sample, application of sign, and these actions cannot form the basis for emergence of any third party right or any right of personal ownership. The rights acquired by the third parties about day of the first request which forms the basis for the priority right remain according to the domestic legislation of each country of the Union.

C. - (The terms of priority Mentioned above constitute 1) twelve months for patents for inventions and for useful models and six months for industrial designs and trademarks.

(2) these terms it is reckoned from date of submission of the first request; day of giving does not join in time.

(3) If the last day of term is under the law in the holiday or in the afternoon when department is not open for order taking in that country where protection is asked, term is prolonged till first next working day.

(4) the subsequent request for the same object, as the first prior request in sense of the stated above Item (2), given in the same country of the Union shall be considered as the First request which date of giving serves as day of counting of term of priority if this prior request on the date of submission of the subsequent request was taken back, left without movement or is rejected, without being available to public acquaintance and also provided that concerning it any rights did not continue to exist and it did not form still the basis for claims on the priority right. The prior request cannot form then the basis for claims on the priority right.

D. - (1) Any person wishing to take priority advantage based on the prior request shall submit the application with indication of date of application and the country where it is made. Each country determines no later than what moment such application shall be submitted.

(2) These instructions shall be given in the editions issued by competent organization, in particular, in patents and descriptions relating to them.

(3) the Countries of the Union can require from the face, submitting the declaration of priority, submission of the copy of earlier submitted application (the description, drawings, etc.). The copy certified by the organization which accepted this request does not require any legalization and can be provided in all cases at any time within three months from the date of submission of the subsequent request without payment of any charges. The right to require that the certificate of date of application issued by this organization and transfer was attached to it is granted.

(4) at the time of application requirements about accomplishment of other formalities for the declaration of priority are not allowed. Each country of the Union determines those effects which are involved by non-compliance with the formalities provided by this Article, but these effects cannot be heavier, than loss of the right to priority.

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