On the ratification of the Protocol to the Madrid Agreement on the International Registration of Marks

Home / RLA / On the ratification of the Protocol to the Madrid Agreement on the International Registration of Marks

Law of the Republic of Kazakhstan dated May 27, 2010 No. 281-IV

To ratify the Protocol to the Madrid Agreement on the International Registration of Marks, adopted in Madrid on June 27, 1989 and amended on October 3, 2006 and November 12, 2007.

President of the Republic of Kazakhstan N. Nazarbayev

Protocol to the Madrid Agreement on the International Registration of Marks (adopted in Madrid on June 27, 1989 and amended on October 3, 2006)

(Bulletin of International Treaties of the Republic of Kazakhstan, 2011, No. 2, Article 16) (Entered into force on December 8, 2010)

List of protocol articles

Article 1 Membership in the Madrid Union Article 2 Obtaining protection through international registration Article 3 International application Article 3 bis Territorial action Article 3 ter Statement on "Territorial expansion" Article 4 The effect of international registration Article 4 bis Substitution of national or regional registration for international registration Article 5 Refusal to grant protection and recognition of an international registration as invalid in respect of certain Contracting Parties Article 5 bis Documents confirming the legality of the use of individual elements of the mark Article 5 ter Copies of entries in the International Registry. A search for novelty. Extracts from the International Registry Article 6 Period of validity of the international registration. Dependence and independence of international registration Article 7 Extension of international registration Article 8 Fees for international application and international registration Article 9 Making an entry on the change of the owner of the international registration Article 9 bis Making some entries, related to international registration Article 9 ter Fees for making certain entries Article 9 Single office of several Contracting States Article 9 Conversion of international quinquies registration into national or regional applications Article 9 Preservation of the Madrid Agreement (Stockholm) sexies Article 10 The Assembly Article 11 International Bureau Article 12 Finance Article 13 Amendments to some articles of the Protocol Article 14 Conditions for participation in the Protocol. Entry into force Article 15 Denunciation Article 16 Signing. Languages. Functions of the depository

Article 1 Membership in the Madrid Union

The States Parties to this Protocol (hereinafter referred to as the "Contracting States"), even if they are not Parties The Madrid Agreement on the International Registration of Marks, revised in Stockholm in 1967 and amended in 1979 (hereinafter referred to as the "Madrid Agreement (Stockholm)"), and the organizations referred to in Article 14.1 (b) that are parties to this Protocol (hereinafter referred to as the "Contracting Organizations") are members of the same Union., as well as the countries participating in the Madrid Agreement (Stockholm). In this Protocol, references to "Contracting Parties" mean references to Contracting States and Contracting Organizations.

Article 2 Obtaining protection through international registration

1) If an application for registration of a mark has been filed with the Office of a Contracting Party or if the mark has been registered in the registry of the office of a Contracting Party, the person who is the applicant of this application (hereinafter referred to as the "basic registration"), subject to the provisions of this Protocol, may ensure the protection of his mark in the territory of the Contracting Parties by registering this mark in the Registry The International Bureau of the World Intellectual Property Organization (hereinafter referred to as the "international Registration" and the "International Registry", respectively, "International Bureau" and "Organization") provided that: (i) If the basic application has been filed with an office of a Contracting State or if the basic registration has been carried out by such office, the person who is the applicant of that application or the holder of that registration is a national of that Contracting State or resides or has a valid and non-fictitious industrial or commercial establishment in that Contracting State; (ii) If the basic application has been filed with an office of a Contracting Organization or if the basic registration has been carried out by such an office, the person who is the applicant of that application or the holder of that registration is a national of a member State of that Contracting Organization, or resides or has a valid and non-fictitious industrial or commercial establishment in the territory of that Contracting Organization. (2) An application for international registration (hereinafter referred to as the "international application") must be filed with the International Bureau through the Office with which the basic application was filed or with which the basic registration was carried out (hereinafter referred to as the "office of origin"), as appropriate. 3) In this Protocol, references to "office" or "office of a Contracting Party" mean references to the Office to which the Contracting Party has entrusted the registration of marks, and references to "marks" mean references to trademarks and service marks. (4) For the purposes of this Protocol, the term "territory of a Contracting Party" means: if the Contracting Party is a State, the territory of that State; if the Contracting Party is an intergovernmental organization, the territory in which the agreement establishing that intergovernmental organization applies.

Article 3 International application

(1) Any international application filed in accordance with this Protocol must be submitted on the form prescribed in the Regulations. The Office of Origin certifies that the data contained in the international application corresponds to the data contained at the time of certification in the basic application or in the basic registration, as the case may be. In addition, the mentioned Agency indicates: i) in the case of a basic application, the date and number of that application; (ii) In the case of a basic registration, the date and number of that registration, as well as the date and number of the application on the basis of which the basic registration was made. The Office of origin also indicates the date of the international application. 2) The applicant must indicate the goods and services for which protection of the mark is sought, as well as, if possible, the corresponding class or classes according to the classification established by the Nice Agreement on the International Classification of Goods and Services for the Registration of Marks. If the applicant does not specify the classes, the International Bureau itself classifies the goods and services according to the corresponding classes of the mentioned classification. The classification of goods or services made by the applicant is subject to verification by the International Bureau, which carries it out in agreement with the Office of Origin. In case of disagreement between the designated Office and the International Bureau, the opinion of the latter is decisive. 3) If the applicant requests color protection as a distinctive element of his sign, he is obliged to: (i) Declare this and accompany its international application with an indication of the requested color or combination of colors; (ii) attach to its international application color images of this mark, which will be sent together with notifications from the International Bureau; the number of copies of such images is determined by the Instructions. (4) The International Bureau shall immediately register the marks for which applications have been filed in accordance with article 2. The date of international registration is the date on which the international application is received by the Office of origin, provided that the International Bureau has received it within two months from that date. If the international application has not been received within this period, the date of international registration is considered to be the date on which the international application was received by the International Bureau. The International Bureau shall immediately notify the interested Offices of the international registration. Marks registered in the International Register shall be published in a periodic bulletin issued by the International Bureau on the basis of the data contained in the international application. (5) For familiarization with the marks registered in the International Register, each Office shall receive from the International Bureau a certain number of copies of the above-mentioned bulletin free of charge and a certain number of copies at a reduced price under the conditions established by the Assembly, the said in article 10 (hereinafter referred to as the "Assembly"). Such familiarization is considered sufficient for all Contracting Parties and nothing else may be required from the holder of the international registration.

Article 3 bis Territorial action

Protection resulting from an international registration is extended to a Contracting Party only upon the application of the person filing the international application or the holder of the international registration. However, such a declaration may not be made in respect of a Contracting Party whose Office is the Office of origin.

Article 3 ter Statement on "Territorial expansion"

1) Any declaration on the extension of protection resulting from an international registration to a Contracting Party must be specifically made in the international application. 2) A declaration on territorial expansion may also be made after the international registration. Such an application must be submitted on the form prescribed by the Instructions. The International Bureau shall immediately make an entry in the International Register on the application made and notify the concerned or interested offices about it. This statement is published in the periodic bulletin of the International Bureau. Territorial expansion takes effect from the date of its entry in the International Register and ceases to be effective upon expiration of the validity period of the international registration to which it relates.

Article 4 Effect of international registration

1) a) From the date of registration or entry made in accordance with the provisions of Articles 3 and 3 ter, the protection of the mark in each Contracting Party concerned will be the same as if the mark had been declared directly at the Office of that Contracting Party. If the International Bureau has not been notified of any refusal in accordance with Articles 5 (1) and (2), or if the refusal notified in accordance with this Article has subsequently been withdrawn, the protection of the mark in the Contracting Party concerned will be the same from that date as if the mark had been registered by the Office of this Contracting Party. (b) The indication of the classes of goods and services provided for in Article 3 does not bind the Contracting Parties in determining the scope of protection of the mark. (2) Any international registration enjoys the right of priority established by article 4 of the Paris Convention for the Protection of Industrial Property, without necessarily complying with the formal requirements provided for in section D of this article.

Article 4 bis Substitution of national or regional registration for international registration

(1) If a mark that is the subject of a national or regional registration with the office of a Contracting Party is also the subject of an international registration, and if both registrations are made in the name of the same person, the international registration shall be considered as a substitute for the national or regional registration without prejudice to the rights acquired by virtue of the latter, provided that: (i) The protection resulting from an international registration extends to the designated Contracting Party in accordance with Article 3 ter (1) or (2); (ii) All goods and services listed in the national or regional registration are also listed in the international registration in respect of the designated Contracting Party; (iii) the above-mentioned extension of protection shall enter into force after the date of the national or regional registration. 2) The Office referred to in paragraph 1 is obliged, upon application, to make a note of international registration in its registry.

Article 5 Refusal to grant protection and recognition of an international registration as invalid in respect of certain Contracting Parties

1. An Office of a Contracting Party that has received a notification from the International Bureau of the extension to that Contracting Party in accordance with Article 3 ter (1) or (2) of the protection resulting from an international registration, if applicable law permits, has the right to declare in the notification of refusal that protection cannot be granted to the mark in that Contracting Party., which is the subject of this extension. Such a refusal may be based only on the grounds that, in accordance with the Paris Convention for the Protection of Industrial Property, apply to a mark for which an application has been filed directly with the office that notified the refusal. However, protection cannot be denied, even partially, solely on the grounds that the applicable national legislation allows registration of marks only for a limited number of classes or a limited number of goods or services. 2. (a) Any Office wishing to exercise this right must notify the International Bureau of its refusal, stating all the reasons, within the time limit provided for by the law applicable to that Office, but subject to subparagraphs (b) and (c), no later than one year from the date on which the notification The extension of protection provided for in paragraph 1 of this article has been sent to this Office by the International Bureau. (b) Notwithstanding subparagraph (a), any Contracting Party may declare that for international registrations carried out by virtue of this Protocol, the period of one year provided for in subparagraph (a) shall be replaced by 18 months. c) Such a declaration may also indicate that if the refusal of protection may result from an objection to the granting of protection, the Office of the said Contracting Party may notify the International Bureau of such refusal after 18 months. This Office may notify of a refusal to grant protection in respect of a specific international registration after 18 months only if: (i) Before the expiration of 18 months, it has informed the International Bureau of the possibility of receiving objections after the expiration of 18 months; and (ii) notification of refusal based on an objection has been given within a maximum period of seven months from the date on which the time limit for objections begins to be calculated; If the time limit for objections expires earlier than seven months, the notification must be made within one month, counting from the date of expiry of the specified time limit for objections. (d) Any declaration under subparagraphs (b) and (c) may be made in the instruments provided for in article 14 (2), and the date on which the declaration takes effect will be the same as the date on which the Protocol enters into force in respect of the State or intergovernmental organization that made the declaration. Such a statement may also be made later.; in this case, it shall enter into force three months after its receipt by the Director General of the World Intellectual Property Organization (hereinafter referred to as the "Director General") or on any later date specified in the application, in respect of international registrations, the date of which is the same as the date on which the application enters into force, or a later date. (e) Upon the expiration of ten years after the entry into force of this Protocol, the Assembly shall verify the functioning of the system established by subparagraphs (a) to (d). In the future, the provisions of these sub-paragraphs may be amended by a unanimous decision of the Assembly. (3) The International Bureau shall immediately forward to the holder of the international registration one of the copies of the notice of refusal. The said owner has the same opportunity to file an objection as if the mark had been submitted by him directly to the office that notified him of his refusal. If the International Bureau receives information in accordance with paragraph 2 (c)i, it will immediately forward it to the holder of the international registration. (4) The reasons for the refusal to grant protection to the mark must be communicated by the International Bureau to the persons concerned who have made the relevant request. (5) Any Office that has not notified the International Bureau of the preliminary or final refusal of a specific international registration in accordance with paragraphs 1 and 2 shall lose the right provided for in paragraph 1 with respect to that international registration. (6) A decision to invalidate an international registration in the territory of a Contracting Party may not be taken by the competent authorities of that Contracting Party without providing the holder of that international registration with an opportunity to protect his rights at the appropriate time. The decision to invalidate the international registration is communicated to the International Bureau.

_____________________________ Explanatory statement adopted by the Assembly of the Madrid Union: "Article 5 (2) (e) of the Protocol is understood as allowing the Assembly to maintain, when considering, the functioning of the system established by subparagraphs (a) to (d), it being understood that any modification of the said provisions will require a unanimous decision of the Assembly."

Article 5 bis Documents confirming the legality of the use of individual elements of the mark

Documents confirming the legality of the use of individual elements contained in the signs, such as coats of arms, shields, portraits, insignia, titles, trade names or names of persons other than the applicant's name, or other similar inscriptions that could be requested by the offices of the Contracting Parties, are exempt from any legalization, as well as from any attestation., except for attesting the Office of origin.

Article 5 ter Copies of entries in the International Registry. A search for novelty. Extracts from the International Registry

1) The International Bureau shall provide to any person, upon request and subject to payment of the fee established by the Regulations, a copy of the entries made in the International Register in respect of a particular mark. 2) The International Bureau may also, for a fee, conduct a novelty search through the stock of marks that are the subject of international registrations. (3) Extracts from the International Register requested for the purpose of presentation in one of the Contracting Parties shall be exempt from any legalization.

Article 6 Period of validity of the international registration. Dependence and independence of international registration

1) Registration of a mark with the International Bureau is carried out for ten years with the possibility of extension under the conditions established by Article 7. 2) Upon expiration of a period of five years from the date of international registration, this registration becomes independent of the basic application or registration based on it, or from the basic registration, as the case may be, subject to the following provisions. (3) Protection resulting from an international registration, regardless of whether it was the subject of a transfer of rights or not, may no longer be claimed if, before the expiration of five years from the date of the international registration, the basic application or registration based on it, or the basic registration, as the case may be, was It has been revoked, expired, or abandoned, or it has been the subject of a final decision on refusal, cancellation, exclusion from the register, or invalidation in respect of all or part of the goods and services., listed in the international registration. This also applies if (i) an appeal against a decision to refuse recognition of a valid basic application, (ii) an appeal to a court or judicial review related to the withdrawal of a basic application or cancellation, exclusion from the register or invalidation of a registration based on a basic application or basic registration, or (iii) an objection to a basic application based on After five years, it leads to a final decision on refusal, cancellation, exclusion from the register or invalidation, or a decision requiring the withdrawal of the basic application or registration., based on it, or basic registration, as appropriate, provided that such an appeal, judicial review or refusal was initiated before the expiration of the said period. This also applies if the basic application is withdrawn or if the registration made on the basis of the basic application or the basic registration is refused after the expiration of five years, provided that at the time of withdrawal or refusal the specified application or the specified registration is the subject of any procedure provided for in subparagraphs (i), (ii), "iii", and that this procedure was initiated before the expiration of the specified period. (4) The Office of Origin shall notify the International Bureau, as prescribed in the Regulations, of the relevant circumstances and decisions pursuant to paragraph (3), and the International Bureau shall inform the Parties concerned and publish the relevant information, as prescribed in the Regulations. The Office of Origin, if necessary, requests the International Bureau to remove the international registration from the register in accordance with the established procedure, and the International Bureau complies with this request.

Article 7 Extension of international registration

(1) Any international registration may be extended for ten years, counting from the date of expiry of the preceding period, by simply paying the basic fee and, subject to article 8 (7), the additional and supplementary fees provided for in Article 8 (2). (2) Upon extension, no modification may be made with respect to the previous international registration in her last appearance. (3) Six months before the expiration of the period of protection, the International Bureau, by sending an informal notification, shall remind the holder of the international registration and, if necessary, his attorney of the exact date of the expiration of the said period. 4) Subject to payment of the additional fee set out in the Instructions, a six-month grace period is provided for the extension of international registration.

Article 8 Fees for international application and international registration

(1) The Office of Origin, at its discretion, has the right to set and charge in its favor a national fee from the applicant or holder of an international registration for filing an international application or extending an international registration. 2) Registration of the mark with the International Bureau is subject to prior payment of an international fee, which includes, subject to the provisions of paragraph 7 (a), (i) the main fee; (ii) an additional fee for each class of International Classification in excess of three, to which the goods or services for which the mark is applied are assigned.; (iii) An additional fee for each application for extension of protection in accordance with article 3 ter. 3) However, the additional fee referred to in paragraph 2 (ii) may be paid, without affecting the date of international registration, within the time limit set by the Regulations, if the number of classes of goods or services has been determined or disputed by the International Bureau. If, after the expiration of the prescribed period, the additional fee has not been paid, or if the list of goods or services has not been reduced by the applicant to the required extent, then further proceedings under the international application are considered terminated. (4) The annual income from the various international registration fees, with the exception of the fees provided for in paragraph 2 (ii) and (iii), shall be distributed equally by the International Bureau between the Contracting Parties, net of costs and expenses related to the implementation of this Protocol. (5) The amounts resulting from the additional fees referred to in paragraph 2 (ii) shall, at the end of each year, be distributed among the Contracting Parties concerned in proportion to the number of marks for which protection has been sought in each of them during the past year, and in respect of Contracting Parties conducting a preliminary examination, this number will be calculated taking into account the coefficient, set by the Instructions. (6) The amounts resulting from the additional duties specified in paragraph 2 (iii) shall be distributed in accordance with the same rules as provided for in paragraph 5. (7) (a) Any Contracting Party may declare that, in respect of each international registration in which it is listed in accordance with Article 3 ter, as well as in respect of the renewal of such international registration, instead of receiving a portion of the deductions from additional and additional fees, it wishes to receive a fee (hereinafter referred to as the "individual fee"), the amount of which It is specified in the application and may be changed in subsequent applications, but may not exceed the amount that is deducted from the savings resulting from the international procedure., The Office of the said Contracting Party has the right to receive from the applicant for the registration of the mark for ten years or the registrant for the extension of the registration of the mark for ten years in the registry of that Office. If an individual fee is paid, then: (i) No additional fee provided for in paragraph 2 (ii) is required if, in accordance with Article 3 ter, only those Contracting Parties that have made a declaration in accordance with this subparagraph are indicated.; (ii) No additional fee provided for in paragraph 2 (iii) is required in respect of any Contracting Party that has made a declaration in accordance with this subparagraph, (b) Any declaration in accordance with subparagraph (a) may be made in the acts provided for in Article 14 (2), with the date on which The date on which this declaration enters into force will be the date on which this Protocol enters into force in respect of the State or intergovernmental organization that made the declaration. Such a statement may also be made later.; In this case, it shall enter into force three months after its receipt by the Director General or on any other later date specified in the application, in respect of international registrations, the date of which will be the same as the date on which the application enters into force, or a later date.

Article 9 Making an entry on the change of the owner of the international registration

At the request of the person in whose name the international registration is recorded, or at the request of the Office concerned, made ex officio, or at the request of the person concerned, the International Bureau shall make an entry in the International Register of any change in the holder of this registration in respect of all or some of the Contracting Parties in whose territory the registration is valid, and in respect of all or parts of the goods and services listed in the registration, provided that the new owner is a person, which, in accordance with article 2 (1), has the right to submit international applications.

Article 9 bis Making some entries related to international registration

The International Bureau shall make the following entries in the International Registry: (i) any change concerning the name or address of the holder of the international registration; (ii) the appointment of the attorney of the holder of the international registration and any other relevant information relating to such attorney; (iii) any restriction on the list of goods and services listed in the international registration in respect of all or some of the Contracting Parties; (iv) Any refusal, exclusion from the register or invalidation of an international registration in respect of all or some of the Contracting Parties; (v) any other relevant information specified in the Instructions relating to the rights to the mark that is the subject of international registration.

Article 9 ter Fees for making certain entries

Fees may be charged for making any entries in accordance with article 9 or article 9 bis.

Article 9 quarter A single agency of several Contracting States

Article 9 bis Making some entries related to international registration

Article 9 ter Fees for making certain entries

Fees may be charged for making any entries in accordance with article 9 or article 9 bis.

Article 9 quarter A single agency of several Contracting States

(1) If several Contracting States agree to unify their national laws in the field of marks, they may notify the Director General that: (i) A single office replaces the national office of each of these States, and (ii) the totality of their territories should be considered as one State for the purposes of applying all or part of the provisions preceding this article, as well as the provisions of articles 9 quinquies and 9 sexies. (2) This notification shall enter into force only after the expiration of three months from the date of the communication which the Director General makes in this regard to the other Contracting Parties.

Article 9 quinquies Conversion of international registration into national or regional applications

If, at the request of the Office of origin, the international registration is excluded from the register by virtue of Article 6 (4) in respect of all or part of the goods and services listed in the said registration, and the person who was the holder of the international registration submits an application for registration of the same mark to the Office of one of the Contracting Parties in whose territory the international registration was in effect, this application will be treated as if it had been filed on the date of international registration in accordance with Article 3 (4) or on the date of registration of territorial expansion in accordance with Article 3 ter (2) and, if the international registration enjoyed priority, this application will enjoy the same priority, provided that What: i) the specified application is filed within three months from the date on which the international registration was deleted from the register, ii) the goods and services listed in the application are actually covered by the list of goods and services, in respect of the Contracting Party concerned, and (iii) the said application complies with all the requirements of applicable law, including requirements relating to fees.

Article 9 sexies Preservation of the Madrid Agreement (Stockholm)

(1) If, in respect of a specific international application or a specific international registration, the office of origin is an office of a State that is simultaneously a party to this Protocol and the Madrid Agreement (Stockholm), the provisions of this Protocol shall not apply in the territory of any other State that is also simultaneously a party to this Protocol and the Madrid Agreement (Stockholm). (2) The Assembly, by a three-fourths majority, may repeal paragraph 1 or limit its scope after the expiration of ten years from the date of entry into force of this Protocol, but not before the expiration of five years from the date on which the majority of the countries participating in the Madrid Agreement (Stockholm) become Parties to this Protocol. Only States that are simultaneously Parties to the said Agreement and this Protocol shall have the right to participate in the voting of the Assembly.

Article 10 The Assembly

1) (a) The Contracting Parties are members of the same Assembly as the countries participating in the Madrid Agreement (Stockholm). (b) Each Contracting Party is represented in this Assembly by one delegate, who may have alternates, advisers and experts. (c) The expenses of each delegation shall be borne by the Contracting Party that appointed it, with the exception of the expenses for the travel and stay of one delegate of each Contracting Party, which shall be borne by the Union. 2) In addition to the tasks assigned to it in accordance with the Madrid (Stockholm) Agreement, the Assembly: (i) Consider all issues related to the application of this Protocol; (ii) instruct the International Bureau on the preparation of conferences for the revision of this Protocol, taking due account of the comments of the countries of the Union that are not Parties to this Protocol; (iii) adopt and amend the provisions of the Instructions on the application of this Protocol; iv) performs other functions assigned to it in accordance with this Protocol. (3) (a) Each Contracting Party shall have one vote in the Assembly. On issues that concern only the countries that are parties to the Madrid Agreement (Stockholm), the Contracting Parties that are not parties to this Agreement do not have the right to vote, while on issues that concern only the Contracting Parties, only they have the right to vote. (b) Half of the members of the Assembly who have the right to vote on a particular issue shall constitute a quorum for voting on that issue. (c) Notwithstanding the provisions of subparagraph (b), if at any session the number of members of the Assembly entitled to vote on a particular question is less than half, but equal to or greater than one third of the members of the Assembly entitled to vote on that question, the Assembly may take decisions; However, decisions of the Assembly, with the exception of decisions relating to its own procedure, become binding only if the following conditions are met. The International Bureau shall forward such decisions to the members of the Assembly who have the right to vote on the said issue and who have not been represented at it, and shall invite them to inform in writing, within three months from the date of sending the decisions, whether they vote for, against or abstain from voting on these decisions. If, at the end of this period, the number of members who voted or abstained from voting in this way is at least equal to the number of members who were not enough to reach a quorum at the session, such decisions shall take effect, provided that at the same time there is the necessary majority. d) Subject to the provisions of articles 5 (2) (e), 9 sexies (2), 12 and 13 (2), decisions of the Assembly shall be taken by a two-thirds majority of the votes cast. (e) The votes of those who abstained shall not be taken into account. (f) A delegate may represent only one member of the Assembly and vote only on his behalf. (4) In addition to regular and extraordinary sessions in accordance with the Madrid (Stockholm) Agreement, the Assembly shall meet in extraordinary session, convened by the Director General at the request of one quarter of the members of the Assembly who have the right to vote on issues proposed for inclusion in the agenda of that session. The agenda of such an extraordinary session is prepared by the Director General.

Article 11 International Bureau

(1) The functions related to international registration under this Protocol, as well as other administrative functions related to this Protocol, shall be performed by the International Bureau. (2) (a) The International Bureau, in accordance with the instructions of the Assembly, shall prepare conferences for the revision of this Protocol. (b) The International Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of the said conferences for the revision of this Protocol. (c) The Director General and his designees participate in the discussion of issues at these review conferences without the right to vote. (3) The International Bureau shall perform any other functions assigned to it relating to this Protocol.

Article 12 Finance

With respect to the Contracting Parties, the finances of the Union shall be governed by the same provisions as contained in Article 12 of the Madrid (Stockholm) Agreement, bearing in mind that any reference to Article 8 of the said Agreement shall be considered as a reference to Article 8 of this Protocol. In addition, for the purposes of Article 12 (6) (b) of the said Agreement, Contracting Organizations are considered to belong to the first class of contributions 1 in accordance with the Paris Convention for the Protection of Industrial Property, unless the Assembly unanimously decides otherwise.

Article 13 Amendments to certain articles of the Protocol

(1) Proposals for amendments to Articles 10, 11, 12 and to this Article may be made by any Contracting Party or by the Director General. The Director General shall send such proposals to the Contracting Parties no later than six months before their consideration by the Assembly. (2) Any amendment to the articles referred to in paragraph (1) shall be adopted by the Assembly, which shall require a three-fourths majority of the votes cast; however, any amendment to article 10 and this paragraph shall be adopted by a four-fifths majority of the votes cast. (3) Any amendment to the articles referred to in paragraph (1) shall enter into force one month after written notifications of its adoption, carried out in accordance with their constitutional procedure, have been received by the Director General from three-fourths of the States and intergovernmental organizations that were members of the Assembly at the time of the adoption of the amendment and had the right to vote. according to this amendment. Any amendment to the said articles, adopted in this way, is binding on all States and intergovernmental organizations that are Contracting Parties on the date of entry into force of the amendment or which become such after that date.

Article 14 Conditions of participation in the Protocol. Entry into force

(1) (a) Any State Party to the Paris Convention for the Protection of Industrial Property may become a party to this Protocol. (b) In addition, any intergovernmental organization may also become a party to this Protocol, subject to the following conditions:: (i) At least one of the member States of this organization is a party to the Paris Convention for the Protection of Industrial Property; (ii) The said organization has a regional office for the purposes of registration of marks valid in the territory of that organization, unless such office is the subject of notification by virtue of article 9 quater. (2) Any State or organization referred to in paragraph 1 may sign this Protocol. Any State or organization referred to in paragraph 1, if they have signed this Protocol, may deposit instruments of ratification, acceptance or approval of this Protocol or, if they have not signed this Protocol, an act of accession to this Protocol. (3) The acts referred to in paragraph (2) shall be deposited with the Director General. (4) (a) This Protocol shall enter into force three months after the deposit of four instruments of ratification, acceptance, approval or accession, provided that at least one of these instruments has been deposited by a State Party to the Madrid Agreement (Stockholm) and at least one of these instruments submitted by a State that is not a party to the Madrid Agreement (Stockholm), or one of the organizations referred to in paragraph 1 "b". (b) In respect of any other State or organization referred to in paragraph 1, this Protocol shall enter into force three months after the date on which the Director-General has notified its ratification, acceptance, approval or accession. (5) Any State or organization referred to in paragraph 1 may declare in its instrument of ratification, acceptance, approval or accession to this Protocol that protection resulting from an international registration effected by virtue of this Protocol prior to the date of entry into force of the said Protocol in respect of that State or organization, it cannot apply to them.

Article 15 Denunciation

1) This Protocol is valid for an unlimited period of time. (2) Any Contracting Party may denounce this Protocol by notification addressed to the Director General. 3) The denunciation shall take effect one year after the date of receipt of the notification by the Director General. 4) The right of denunciation provided for in this Article may not be exercised by a Contracting Party before the expiration of five years from the date on which this Protocol entered into force in respect of that Party. (5) (a) If the mark is the subject of an international registration in force in the State or intergovernmental organization denouncing this Protocol on the effective date of the denunciation, the holder of the said registration may file with the office of such State or international organization an application for registration of the same mark, which will be treated as if it had been filed on the date of international registration in accordance with Article 3 (4) or on the date of registration of territorial expansion in accordance with Article 3 ter (2), and which, if registration was given priority, it will be given the same priority, provided that: (i) Such an application has been filed within two years from the date on which the denunciation took effect; (ii) the goods and services listed in the application are indeed covered by the list of goods and services contained in the international registration in respect of the State or organization that denounced this Protocol, and (iii) such application complies with all requirements of the applicable legislation, including requirements related to fees. (b) The provisions of subparagraph (a) shall also apply to any mark that is the subject of an international registration in force in Contracting Parties other than the State or intergovernmental organization that denounced this Protocol on the date of entry into force of the denunciation and whose owner, as a result of the denunciation, no longer has the right to file international applications in accordance with Article 2 (1).

Article 16 Signature. Languages. Functions of the depository

(1) (a) This Protocol shall be signed in a single copy in English, French and Spanish and shall be deposited with the Director General after it has been closed for signature in Madrid. The texts in three languages are equally authentic. (b) The official texts of this Protocol shall be prepared by the Director-General, after consultation with the Governments and organizations concerned, in Arabic, Chinese, Italian, German, Portuguese, Russian and Japanese, as well as in other languages to be determined by the Assembly. (2) This Protocol is open for signature in Madrid until December 31, 1989. (3) The Director General shall transmit two copies of the signed texts of this Protocol, duly certified by the Government of Spain, to all States and intergovernmental organizations that may become parties to this Protocol. (4) The Director-General shall register this Protocol with the United Nations Secretariat. 5) The Director General shall notify all States and international organizations that may become or are already Parties to this Protocol of signatures, deposits of instruments of ratification, acceptance, approval or accession, as well as of the entry into force of this Protocol, any amendment, any notification of denunciation and any the declaration provided for in this Protocol.

I hereby certify that this text is a certified copy of the certified copy of the Protocol to the Madrid Agreement on the International Registration of Marks, done in Madrid on June 27, 1989.

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

The RCPI's note. The following is the text of the Protocol in Spanish and French.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases