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|Vienna Agreement for the Protection of Typefaces and Their International Deposit|
CHAPTER I. National Protection
CHAPTER II. International Deposit
CHAPTER III. Administrative provisions
CHAPTER IV. Disputes
CHAPTER V. Revision and Amendment
CHAPTER VI. Final Provisions
The Contracting States,
Article 1. Establishment of a Union
The State party to this agreement constitute a Union for the protection of type faces.
Article 2. Definitions
For the purpose of this Agreement and the Regulations,
|CHAPTER I. National Protection|
Article 3. principle and Kinds of Protection
The Contracting States undertake, in accordance with the provisions of this Agreement, to ensure the protection of type faces, by establishing a special national deposit, or by adapting the deposit provided for in their national industrial design laws, or by their national copyright provisions. These kinds of protection may be cumulative.
Article 4. Natural person and Legal Entities Protected
(1)In Contracting States which declare under Article 34 that they intend to ensure protection by establishing a special national deposit or by adapting their national industrial design laws, the protection of this Agreement shall apply to natural persons who, or legal entities which, are residents or nationals of a Contracting State.
Article 5. National Treatment
(1)Each Contracting State shall be obliged to grant to all natural persons and legal entities entitled to claim the benefits of this Agreement the protection afforded to its nationals according to the kind of protection which such Contracting State declares under Article 34
Article 6. Concepts of Residence and Nationality
(1)(a)Any natural person shall be regarded as a resident of a Contracting State for the purposes of Articles 4(1) and 13 if:
Article 7. Conditions of Protection
(1)The protection of type faces shall be subject to the condition that they be novel, or to the condition that they be original, or to both conditions.
Article 8. Content of protection
(1)Protection of type faces shall confer upon owner thereof the right prohibit:
Article 9. Term of Protection
(1)The term of protection may not be less than fifteen years.
Article 10. Cumulative protection
The provision of this Agreement shall nor preclude the making of a claim to the benefit of any more extensive protection granted by national laws and shall in no way affect the protection granted by other international conventions.
Article 11. Right of Priority
For the purpose of the right of priority, if applicable national deposits of type faces shall be considered deposit of industrial designs.
|CHAPTER II. International Deposit|
Article 12. International DepositAnd Recording
(1)Subject to the provisions of paragraph(2), the international deposit shall be effected direct with the International Bureau, which shall record it in the International Register in accordance with this Agreement and the Regulations.
Article 13. Right to Effect International Deposits and to Own Such Deposits
(1)Any natural person who, or legal entity which, is a resident or a national of a Contracting State may effect and be the owner of International deposits.
Article 14. ContentsAnd Form of the International Deposit
(1) The international deposit shall contain:
Article 15. Recording or Declining of the International Deposit
(1)Subject to paragraph(2), the International Bureau shall promptly record the international deposit in the International register. The date of the international deposit shall be the date on which it was received by the International Bureau or, if the international deposit has been effected, as provided for in Article 12(2), through the intermediary of the competent Office of a Contracting State, the date on which that Office received the deposit, provided that the deposit reaches the International Bureau before the expiration of a period of one month following that date.
Article 16.Avoiding Certain Effects of Declining
(1)Where the International Bureau has declined the international deposit, the applicant may, within two months from the date of the notification of the declining, effect, in respect of the type faces that where the subject of the international deposit, a national deposit with the competent Office of any Contracting State which ensures the protection of type faces by establishing a special national deposit or by adapting the deposit provided for in its national industrial design law.
Article 17. PublicationAnd Notification of the International Deposit
International deposits recorded in the International Register shall be published by the International Bureau and notified by the latter to the competent Offices of the Contracting States.
Article 18. Effect of the International Deposit
(1)The Contracting States which declare in accordance with Article 34 that they intend to ensure th protection of type faces by establishing a special national deposit or by adapting the deposit provided for in their national industrial design laws, the international deposit recorded in the International Register shall have the same effect as a national deposit effected on the same date.
Article 19. Right of Priority
(1)For the purposes of the right of priority, if applicable, the international deposit of type faces shall be considered an industrial design deposit within the meaning of Article 4A of the Paris Convention.
Article 20. Change in the Ownership of the International Deposit
(1)Any change in the ownership of the international deposit shall, on request, be recorded in the International Register by the International Bureau.
Article 21. Withdrawal and Renunciation of the International Deposit
(1)The applicant may withdraw his international deposit by a declaration addressed to the International Bureau.
Article 22. Other Amendments to the International Deposit
(1)The owner of the international deposit may at any time amend the indications appearing in the instrument of international deposit.
Article 23. Term and Renewal of the International deposit
(1)The international deposit have effect for an initial term of ten years from the date of such deposit.
Article 24. Regional Treaties
(1)Two or more Contracting States may notify the Directory General that a common Office shall be substituted for the national Office of each of them, and that their territories, as a whole, shall be deemed a single State for the purposes of international deposit.
|CHAPTER III. Administrative provisions|
Article 25 Representation Before the International Bureau
(1)Applicants and owners of international deposits may be represented before the International Bureau by any person empowered by them to that effect(hereinafter referred to as "the duly appointed representative").
(1)(a)The Assembly shall consist of the Contracting States.
Article 27. International Bureau
(1)The International Bureau shall:
Article 28. Finances
(1)(a)The Union shall have a budget.
Article 29. Regulation
(1)The Regulations provide rules:
|CHAPTER IV. Disputes|
Article 30. Disputes
(1)Any dispute between two or more Contracting States concerning the interpretation or application of this Agreement or the Regulations, not settled by negotiation, may, be any of the Contracting States concerned, be brought before the International Court of Justice by application in conformity with the Statute of the Court, unless the Contracting States concerned agree on some other method of settlement. The Contracting State bringing the dispute before the Court shall inform the International Bureau; the International Bureau shall bring the matter to the attention of the other Contracting States.
|CHAPTER V. Revision and Amendment|
Article 31. Revision of theAgreement
(1)This Agreement may be revised from time to time by a conference of the Contracting States.
Article 32.Amendment of Certain Provisions of theAgreement
(1)(a)Proposals for the amendment of Articles 26, 27, 28 and the present Article, may be initiated by any Contracting State or by the Director General.
|CHAPTER VI. Final Provisions|
Article 33. Becoming Party to theAgreement
(1)(a)Subject to subparagraph (b), any State member of either the International Union for the Protection of Industrial Property or the International Union for the Protection of Literary and Artistic Works, or party to the Universal Copyright Convention or to the latter Convention as revised, may become party to this Agreement by:
Article 34. Declarations Concerning National Protection
(1)At the time of depositing its instrument of ratification or accession, each State shall, by a notification addressed to the Director General, declare whether it intends to ensure the protection of type faces by establishing a special national deposit, or by adapting the deposit provided for in its national industrial design laws, or by its national copyright provisions or by more than one of these kinds of protection. Any such State which intends to ensure protection by its national copyright provisions shall declare at the same time whether in intends to assimilate creators of type faces who have their habitual residence or domicile in a Contracting State to creators of type faces who are nationals of that State.
Article 35. Entry Into Force of theAgreement
(1)This Agreement shall enter into force three months after five States have deposited their instruments of ratification or accession.
Article 36. Reservations
No reservations to this Agreement other than the reservation under Article 30(2) are permitted.
Article 37. Loss of Status of Party to the Agreement
Any Contracting State shall cease to be party to this Agreement when it no longer meets the conditions set forth in Article 33(1)(b).
Article 38. Denunciation of theAgreement
(1)Any Contracting State may denounce this Agreement by notification addressed to the Director General.
Article 39. SignatureAnd Languages of theAgreement
(1)(a)This Agreement shall be signed in a single original in the English and French Languages, both texts being equally authentic.
Article 40. Depositary Functions
(1)The original of this Agreement, when no longer open for signature, shall be deposited with the Director General.
Article 41. Notifications
The Director General shall notify the Governments of States referred in article 33(1)(a) of :
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IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.