Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks:Article 5 Committee of Experts

Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks

Article 5 Committee of Experts

Geldend

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(1)

A Committee of Experts shall be set up in which each country of the Special Union shall be represented.

(2)

(a)

The Director General may, and, if requested by the Committee of Experts, shall, invite countries not members of the Special Union which are members of the Organization or party to the Paris Convention for the Protection of Industrial Property to be represented by observers at meetings of the Committee of Experts.

(b)

The Director General shall invite intergovernmental organizations specialized in the field of marks, of which at least one of the member countries is party to this Agreement, to be represented by observers at meetings of the Committee of Experts.

(c)

The Director General may, and, if requested by the Committee of Experts, shall, invite representatives of other intergovernmental and international non-governmental organizations to participate in discussions of interest to them.

(3)

The Committee of Experts shall:

(i)

make amendments and additions to the Classification of Figurative Elements;

(ii)

address recommendations to the countries of the Special Union for the purpose of facilitating the use of the Classification of Figurative Elements and promoting its uniform application;

(iii)

take all the other measures which, without entailing financial implications for the budget of the Special Union or for the Organization, contribute towards facilitating the application of the Classification of Figurative Elements by developing countries;

(iv)

have the right to establish subcommittees and working groups.

(4)

The Committee of Experts shall adopt its own rules of procedure. The latter shall provide for the possibility of participation in meetings of the subcommittees and working groups of the Committee of Experts by those intergovernmental organizations referred to in paragraph (2) (b) which can make a substantial contribution to the development of the Classification of Figurative Elements.

(5)

Proposals for amendments or additions to the Classification of Figurative Elements may be made by the competent Office of any country of the Special Union, the International Bureau, any intergovernmental organization represented in the Committee of Experts pursuant to paragraph (2) (b) and any country or organization specially invited by the Committee of Experts to submit such proposals. The proposals shall be communicated to the International Bureau, which shall submit them to the members of the Committee of Experts and to the observers not later than two months before the session of the Committee of Experts at which the said proposals are to be considered.

(6)

(a)

Each country member of the Committee of Experts shall have one vote.

(b)

The decisions of the Committee of Experts shall require a simple majority of the countries represented and voting.

(c)

Any decision which is regarded by one-fifth of the countries represented and voting as giving rise to a modification of the basic structure of the Classification of Figurative Elements or as entailing a substantial amount of reclassification shall require a majority of three-fourths of the countries represented and voting.

(d)

Abstentions shall not be considered as votes.

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