Article 19 Becoming Party to the Treaty

Geldend

Documentgegevens:

Geldend vanaf 01-08-1996

Bronpublicatie:: 27-10-1994, Trb. 1995, 255 (uitgifte: 03-11-1995, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-08-1996
Bronpublicatie inwerkingtreding:: 01-02-2007, Trb. 2007, 23 (uitgifte: 01-02-2007, kamerstukken/regelingnummer: -)
Vakgebied(en): Intellectuele-eigendomsrecht / Modellen- en merkenrecht

1. [Eligibility]

The following entities may sign and, subject to paragraphs 2 and 3 and Article 20(1) and (3), become party to this Treaty:

(i): any State member of the Organization in respect of which marks may be registered with its own Office;
(ii): any intergovernmental organization which maintains an Office in which marks may be registered with effect in the territory in which the constituting treaty of the intergovernmental organization applies, in all its member States or in those of its member States which are designated for such purpose in the relevant application, provided that all the member States of the intergovernmental organization are members of the Organization;
(iii): any State member of the Organization in respect of which marks may be registered only through the Office of another specified State that is a member of the Organization;
(iv): any State member of the Organization in respect of which marks may be registered only through the Office maintained by an intergovernmental organization of which that State is a member;
(v): any State member of the Organization in respect of which marks may be registered only through an Office common to a group of States members of the Organization.

2. [Ratification or Accession]

Any entity referred to in paragraph 1 may deposit

(i): an instrument of ratification, if it has signed this Treaty,
(ii): an instrument of accession, if it has not signed this Treaty.

3. [Effective Date of Deposit]

a)

Subject to subparagraph b), the effective date of the deposit of an instrument of ratification or accession shall be,

(i): in the case of a State referred to in paragraph 1(i), the date on which the instrument of that State is deposited;
(ii): in the case of an intergovernmental organization, the date on which the instrument of that intergovernmental organization is deposited;
(iii): in the case of a State referred to in paragraph 1(iii), the date on which the following condition is fulfilled: the instrument of that State has been deposited and the instrument of the other, specified State has been deposited;
(iv): in the case of a State referred to in paragraph 1(iv), the date applicable under (ii), above;
(v): in the case of a State member of a group of States referred to in paragraph 1(v), the date on which the instruments of all the States members of the group have been deposited.

b)

Any instrument of ratification or accession (referred to in this sub-paragraph as ‘instrument’) of a State may be accompanied by a declaration making it a condition to its being considered as deposited that the instrument of one other State or one intergovernmental organization, or the instruments of two other States, or the instruments of one other State and one intergovernmental organization, specified by name and eligible to become party to this Treaty, is or are also deposited. The instrument containing such a declaration shall be considered to have been deposited on the day on which the condition indicated in the declaration is fulfilled. However, when the deposit of any instrument specified in the declaration is, itself, accompanied by a declaration of the said kind, that instrument shall be considered as deposited on the day on which the condition specified in the latter declaration is fulfilled.

c)

Any declaration made under paragraph b) may be withdrawn, in its entirety or in part, at any time. Any such withdrawal shall become effective on the date on which the notification of withdrawal is received by the Director General.