On the ratification of the Nairobi Treaty on the Protection of the Olympic Symbol, adopted in Nairobi on September 26, 1981

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The Law of the Republic of Kazakhstan dated November 9, 2010 No. 350-IV

To ratify the Nairobi Treaty on the Protection of the Olympic Symbol, adopted in Nairobi on September 26, 1981.

President of the Republic of Kazakhstan N. Nazarbayev

The Nairobi Treaty on the Protection of the Olympic Symbol, adopted in Nairobi on September 26, 1981

(Bulletin of International Treaties of the Republic of Kazakhstan, 2011, No. 2, Article 22) (Entered into force on March 9, 2011)

content

Chapter I: The main provisions Article 1: The duty of States Article 2: Exceptions to the obligation Article 3: Suspension of performance of duties Chapter II: Unions of States Article 4: Exceptions from Chapter I Chapter III: Final provisions Article 5: Participation in the Contract Article 6: Entry into force of the Treaty Article 7: Denunciation of the Treaty Article 8: Signature and languages of the Treaty Article 9: Deposit of the Contract; distribution of copies; registration of the Contract Article 10: Notifications Application

______________ * The content has been added for the convenience of the reader. The signed text of the Agreement does not provide the content.

CHAPTER I

The main provisions

Article 1: The duty of States

Any State Party to this Treaty is obliged, subject to Articles 2 and 3, to refuse registration or invalidate registration as a mark and prohibit, by appropriate measures, the use as a mark or other designation for commercial purposes of any designation consisting of the Olympic symbol or containing this symbol in the form defined in the Charter. The International Olympic Committee, except where authorized by the International Olympic Committee. The mentioned definition and the graphic representation of the specified symbol are reproduced in The app.

Article 2: Exceptions to the obligation

(1) The obligation provided for in article 1 shall not apply to a State Party to this Treaty with respect to: (i) any mark consisting of or containing the Olympic symbol, if such a mark was registered in a State prior to the date of entry into force of this Treaty in respect of that State or during any period when in that State the performance of the obligation provided for in Article 1 is considered suspended in accordance with Article 3.; (ii) the continued commercial use of any mark or other designation consisting of or containing the Olympic symbol in that State by any person or enterprise that lawfully began such use in that State prior to the date of entry into force of this Treaty in respect of that State or during any period when in that State The performance of the duty provided for in article 1 is considered suspended in accordance with article 3. (2) The provisions of subparagraph (1) (i) shall also apply to marks whose registration is valid in that State by virtue of registration under a treaty to which that State is a party. (3) Use with the permission of the person or enterprise referred to in subparagraph (1) (ii) shall be considered, for the purposes of the said subparagraph, as use by that person or enterprise. (4) No State Party to this Treaty is obligated to prohibit the use of the Olympic symbol if it is used by the mass media for the purpose of informing about the Olympic movement or about activities carried out within the framework of this movement.

Article 3: Suspension of performance of duties

The performance of the obligation provided for in article 1 may be considered suspended by any State Party to this Treaty for the entire period during which there is no agreement in force between the International Olympic Committee and the National Olympic Committee of that State regarding the conditions under which the International Olympic Committee will issue permits for the use of the Olympic symbol in that State and regarding the share of of this National Olympic Committee in any income, which the International Olympic Committee will receive for issuing these permits.

CHAPTER II

Unions of States

Article 4: Exceptions to Chapter I

The provisions of Chapter I are without prejudice to the obligations of the States Parties to this Treaty, which are members of the customs union, free trade area, any other economic union or any other regional or sub-regional grouping, arising from the relevant agreements on the establishment of such a union, zone or other grouping, in particular with respect to the provisions contained in such agreements, regulating the free exchange of goods or services.

CHAPTER III

Final provisions

Article 5: Participation in the Contract

(1) Any State that is a member of the World Intellectual Property Organization (hereinafter referred to as the "Organization") or the International (Paris) Union for the Protection of Industrial Property (hereinafter referred to as the "Paris Union") may become a party to this Treaty by: (i) signature followed by the deposit of an instrument of ratification, acceptance or approval, or (ii) the deposit of an instrument of accession. (2) Any State not mentioned in paragraph (1) that is a Member of the United Nations or of any of the specialized agencies affiliated with the United Nations may become a party to this Treaty by depositing an instrument of accession. (3) Instruments of ratification, acceptance or approval and acts of accession shall be deposited with the Director General of the Organization (hereinafter referred to as the "Director General").

Article 6: Entry into force of the Treaty

(1) In respect of the first three States that have deposited their instruments of ratification, acceptance, approval or accession, this Treaty shall enter into force one month after the date of deposit of the third instrument of ratification, acceptance, approval or accession. (2) In respect of any other State depositing an instrument of ratification, acceptance or approval, or an act of accession, this Treaty shall enter into force one month after the date of deposit of that instrument.

Article 7: Denunciation of the Treaty

(1) Any State may denounce this Treaty by notification addressed to the Director General. (2) The denunciation shall take effect one year after the date of receipt of the notification by the Director General.

Article 8: Signature and languages of the Treaty

(1) This Agreement is signed in a single original copy in English, French, Russian and Spanish, all texts being equally authentic. (2) The official texts shall be prepared by the Director General, after consultation with the Governments concerned, in Arabic, Italian, German and Portuguese, as well as in other languages to be determined by the Conference of the Organization or the Assembly of the Paris Union. (3) This Treaty is open for signature in Nairobi until December 31, 1982 and then in Geneva until June 30, 1983.

Article 9: Deposit of the Contract; distribution of copies; registration of the Contract

(1) The original copy of this Treaty, after it has been closed for signature in Nairobi, shall be deposited with the Director General. (2) The Director General shall transmit two copies of this Treaty, certified by him, to all the States referred to in Article 5 (1) and (2) and, upon request, to any other State. (3) The Director General will register this Agreement with the United Nations Secretariat.

Article 10: Notifications

The Director-General shall notify the States referred to in articles 5 (1) and (2) of: (i) signatures in accordance with Article 8; (ii) the deposit of instruments of ratification, acceptance, approval or accession in accordance with article 5 (3); (iii) the date of entry into force of this Treaty in accordance with article 6 (1):; (iv) any denunciation received in accordance with Article 7.

Application

The Olympic symbol consists of five intertwined rings: blue, yellow, black, green and red, placed in this order from left to right. It consists of Olympic rings depicted in the same or in different colors.

I hereby certify that this text is a certified copy of the certified copy of the Treaty on the Protection of the Olympic Symbol, signed in Nairobi on September 26, 1981.

Advisor International Law Department Ministry of Foreign Affairs of the Republic of Kazakhstan B. Mashikov

The RCPI's note. The following is the text of the Agreement in English, Spanish and French.

President

Republic of Kazakhstan

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