AO/V/4
ORIGINAL:
French
DATE:July 1,
BUREAUX INTERNATIONAUX
UNITED INTERNATIONAL
REUNIS POUR LA PROTECTION
«--^ -|~ T-W
X"^T
BUREAUX FOR THE PROTECTION
GENEVE, SUISSE
J3X XV. jL JL
GENEVA, SWITZERLAND
DE LA PROPRIETE INTELLECTUELLE
IJ I
§3
1/ I
OF INTELLECTUAL PROPERTY
CONSEIL INSTITUE PAR L'ARRANGEMENT DE LISBONNE
CONCERNANT LA PROTECTION DES APPELLATIONS D'ORIGINE
ET LEUR ENREGISTREMENT INTERNATIONAL
CINQUIEME SESSION
(Geneve, 26 et 29 septembre 1970)
COUNCIL ESTABLISHED BY THE LISBON AGREEMENT
FOR THE PROTECTION OF APPELLATIONS OF ORIGIN
AND THEIR INTERNATIONAL REGISTRATION
FIFTH SESSION
(Geneva, September 26 and 29, 1970)
FORMALITIES
DECISIONS
IN
THE
FOR APPEAL
AGAINST
OF NATIONAL ADMINISTRATIONS
FIELD OF APPELLATIONS
OF
ORIGIN
1.
At the fourth ordinary session of the Council set up by
the Lisbon Agreement, which was held at Geneva on September 25
and 26, 1969, it was decided that BIRPI would gather informa
tion on the formalities existing in the various States of the
Special Union for appeal against decisions in the field of
appellations
of
origin.
2.
By Circular No. 9 87 of March 6, 19 70, addressed to the
Ministries of Foreign Affairs of countries party to the Lisbon
Agreement, the Director of BIRPI requested each member State
to provide him with information on the formalities for appeal
against decisions in the field of appellations of origin in the
form of replies to a questionnaire attached to the circular
mentioned above.
slovakia,
By July 1,
1970, three countries, Czecho
Haiti and Portugal had replied to the questionnaire.
Their replies are attached hereto
(Annexes I to III).
19 70
AO/V/4
page
3.
2
The Council
is
requested
take note of the replies
countries.
/End of document.
_
Three Annexes follow/
to
of these
Original
Annex I
H A
from the
of Haiti
I
have
the honor
the provisions
of July
"Article
in
17,
2.
I
the Administration
15,
1970)
to inform you that
2 in
Registration may
consist
T
letter of
which reads
respect of marks
those which
I
1
of June
of Article
1954,
French
to document AO/V/4
page
(Extracts
:
devoid of
solely
fine of
as
have
consulted
the Trademark
Law
follows:
also be
any
I
refused or invalidated
distinctive
of expressions,
character,
symbols
or
or
signs
serving in the course of trade to designate the kind, type,
quality, quantity, use, place of origin, etc., of the goods..."
The registration of
appellations
of origin
lies within
the sole competence of this Department, and the law makes no
provision for appeals in such cases.
We therefore return to
you herewith the questionnaire of March 6,
information
requested.
1970,
with the
Original
Annex I
:
French
to document AO/V/4
page
2
QUESTIONNAIRE
regarding
in the
and
formalities
for
appeal
against
field of appellations of origin
(5)
of
the
Lisbon Agreement
of Appellations
of Origin
for
and Their
decisions
(Article
the
5(3)
Protection
International
Registration)
1.
State :
A^JW1.10. PF. ^A1.1.1.
2.
Administration
replying
Department
3.
to this
of Commerce
questionnaire
:
and Industry
Authority with original jurisdiction :
Adp.^A^.^Ave Authority
The Department of Commerce has sole competence
case
4.
Authority
in
in the
point.
(administrative*
-
judicial*)
with appellate
jurisdiction
V,
5.
Time
limits
6.
Date
from which
7.
Form of
8.
Authority with which the appeal must be fogged
9.
Other
*
Cross
rsir
appeal
lodging an appeal
tim^ limits begin to run
:
formalities
out
as
:
..
:
:
appropriate
See
reverse
side
Annex I
If
10.
there
Authority
are
two
appellate
(administrative*
jurisdiction
at
second
11.
Time
limitssfor
lodging
12.
Date
from which
time
13.
Form of
14.
Authority with which
15.
Other
16.
Any additional
ities
reappeal
formalities
of
to document AO/V/4
page 3
:
judicial*)
with
appellate
level:
a reappeal
limits
begin
:
to
run
:
the
reappeal must be NLodged
:
information
further
-
levels
appeal,
(for example,
or the
as
obligation
agent established in the country)
regards
to
possibil
appoint
:
Date and signature
:
June 15,
1970
/End of the Annex/
an
Original
Annex II
:
French
to document AO/V/4
page
1
QUESTIONNAIRE
regarding
formalities
for appeal
against decisions
in the field of appellations of origin
and
(5)
of the Lisbon Agreement
(Article 5(3)
for the Protection
of Appellations of Origin and Their International
Registration)
~
1.
State :
PORTUGAL
2.
Administration replying to this questionnaire : .1.n.d?.s.t?.\a.1. .p.r°Perty
Office, reporting to the Directorate-General of Commerce (Ministry
of Economy), which evaluates the applications at an administrative
level.
3.
Authority with original
District of Lisbon
4.
Authority
c°urt °f
jurisdiction
(Art.
203 of the Industrial Property Code*)
(administrative*
-
judicial*)
with appellate
jurisdiction
Court ^qf Apjoeal
.
5.
Time limits for lodging an appeal : ,9.0. .d.a.Y.s.
6.
Date from which time limits, begin to run : /.f.?H .^A .d.^.e. .°.f..
publication of the Industrial Troperty Bulletin
(Boletim)
containing the decision o.f the .Director General .(I.P. Code,, Art.
7.
Form of appeal : . .°rdi.nar7. MX1.1. J?5°c.eAu.r.e.
8.
Authority with which the
Lisbon
»^..
*
District
£
appeal must be
lodged
:
Court
, ...
Appeal must be accompanied by the required
copies and the issue of die •^oletinnl' in which £he contested
decision was published,
(Art.
205,
sole § of
or a certified copy thereof
the I.P.
* Cross out as appropriate
Code).
Sjee_reverse_side
205)
Annex
If there
10.
are
II to document AO/V/4
page 2
two appellate
levels
:
Authority (administrative* - judicial*) with appellate
jurisdiction
The
at
second
level:
decision may be brought before
Appeal
(Court of
the
Supreme Court
of....
Cassation)
11.
Time limits for lodging a reappeal :
12.
Date from which time limits begin to run : T^e
notification of
f
the
reappeal
decision of
. .?J9. t-. .aY?
the Lisbon Court
13.
Form of
:
14.
Authority with which the reaopeal must be lodged :
•
Court
of
15.
Other
formalities
16.
Any additional information (for example, as regards possibil-
^
agent established in the country)
i
ities of
It
is
in
the
*
Appeal
:
....
further appeal,
essential to
or the obligation to appoint an
:
appoint an agent
(attorney),^established
country.
The Industrial Property Code was published in Nos. 7 to 11
year LV11, of the review published by BIRPI, "La Proprie'te'
Industrielle."
,
.
.
Date and signature
:
Lisbon,
/End of
*
Cross
out
as
appropriate
'
April
^
the Annex/
4,
1970
j
Original
:
English
Annex III to document AO/V/4
page
1
QUESTIONNAIRE
regarding
formalities
for
appeal
against decisions
in the field of appellations of origin
and
(5)
of
the
Lisbon Agreement
(Article 5(3)
for the Protection
of Appellations of Origin and Their International
Registration)
Czechoslovak Socialist Republic
1.
State
:
2.
Administration
replying
to
Office of Patents
3.
Authority with
original
Office
4.
Authority
of
this
and
questionnaire
Inventions
jurisdiction
Patents
(administrative*
and
-
:
:
Inventions
judicial*)
with appellate
jurisdiction
Special
appellate department of the Office^of
Patents
and
Inventions
5.
Time limits for lodging an appeal : . .. .^Xs.
6.
Date from which time limits begin to run : .r°™.. .f . .^ .e. .°n ..
which
7.
Form of
the
applicant receives
appeal
effect when
8.
for
Other
of
reconsideration
lodged within prescribed time
Authority with which the appeal must be
appellate
9.
Request
:
notification
:
A request
for
-
has
a delaying
limits
lodged
department of the Office of Patents
formalities
the decision
:
and Inventions
reconsideration may be
lodged
in writing or orally (in the latter case it must be taken down
in writing);
the requesting party, the case and the nature of
the
request must be
specified.
* Cross out as appropriate
Seejceverse_side
Annex III to document AO/V/4
page
If
10.
there
Authority
are
two appellate
2
levels
(administrative* - judicial*)
jurisdiction
at
for
second
:
with appellate
level:
11.
Time
limits
lodaing
12.
Date
from which
13.
Form of
14.
Authority with which the reappeal must be
15.
Other
16.
Any additional information (for example, as regards possibil
ities of further appeal, or the obligation to appoint an
agent established in the country) :
Review of the proceedings:
proceedings by an administrative authority having resulted in
time
reappeal
a reappeal
limits begin
:
to run
:
lodged
formalities
a decision with force of law may be reviewed at the request of
any of the parties to the proceedings, if new facts or evidence
* come* to* right'," If' errors* were' committed* during* the* proceedings
or if the decision is based on
false evidence.
A request for reconsideration may be lodged against a
concerning the review of the proceedings.^
decision
Foreigners are obliged to appoint an agent established
in
Czechoslovakia.
Date
and
April
signature
27,
19 70
/End of the Annex./
* Cross
out as
appropriate