The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify him of the deposit, on February 22, 1979, by the Governments of the Kingdom of Belgium and the Kingdom of the Netherlands of their instruments of ratification and by the Government of the Grand Duchy of Luxembourg of its instrument of accession in respect of the Protocol of Geneva of August 29, 1975, to the Hague Agreement Concerning the International Deposit of Industrial Designs of November 6, 1925.
In accordance with the provisions of Article 7(2)(ii) of the said Protocol, the deposit of the said instruments of ratification and accession was preceded by the deposit, on October 23, 1978, by the Government of the Grand Duchy of Luxembourg and on February 15, 1979, by the Governments of the Kingdom of Belgium and the Kingdom of the Netherlands, of their instruments of ratification of the Hague Agreement Concerning the International Deposit of Industrial Designs of November 6, 1925, as revised at The Hague on November 28, 1960.
In addition, on February 22, 1979, in application of Article 8 of the said Protocol, the Governments of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands each deposited a notification in identical terms, the text of which is attached hereto, indicating that the said States had formed a regional group with a common industrial designs office and stating that the said office was substituted as from January 1, 1975, for the national office of each of the said States and that those States shall be deemed a single State for the purposes of the application of Articles 2 to 17 of the said Hague Agreement as revised on November 28, 1960, and of Articles 2 and 3 of the said Protocol. The said notification will take effect, with respect to the said three States, in so far as the said Protocol is concerned, on the date of the entry into force of the said Protocol and, in so far as the said Hague Agreement as revised at The Hague on November 28, 1960, is concerned, six months after the entry into force of the said Hague Agreement as so revised.
In accordance with the provisions of Article 5 of the said Protocol, the ratification by the Kingdom of Belgium, the ratification by the Kingdom of the Netherlands and the accession by the Grand Duchy of Luxembourg in respect of the said Protocol automatically entail, as concerns the former two States, the ratification of, and, as concerns the latter State, the accession to, the Complementary Act of Stockholm of July 14, 1967, to the Hague Agreement Concerning the International Deposit of Industrial Designs of November 6, 1925.
In accordance with the provisions of Article 9(2) of the said Complementary Act, the Complementary Act will enter into force with respect to the said States three months after the date of this notification, that is, on May 28, 1979.
The date of entry into force of the said Hague Agreement as revised at The Hague on November 28, 1960, or of the said Protocol will be notified when, in accordance with the provisions of Article 26(1) of the said Act or with the provisions of Article 9(1) of the said Protocol, as the case may be, the required number of ratifications or accessions is reached.
February 28, 1979
Text of the Notification of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands in respect of Article 30 of the Hague Agreement as revised in 1960 and Article 8 of the Protocol of Geneva 1975
NOTIFICATION
The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands. have introduced the Uniform Benelux Designs Law into their national legislation by virtue of the provisions of the Benelux Designs Convention, signed at Brussels on October 25, 1966.
In accordance with the provisions of Article 13 of the said Convention, the Convention entered into force on January 1, 1974, and the Uniform Law on January 1, 1975.
Considering Article 30 of the Hague Agreement Concerning the International Deposit of Industrial Designs, as revised at The Hague on November 28, 1960, and amended by Article 7(3) of the Complementary Act of Stockholm of July 14, 1967, to the said Agreement,
Considering Articles 5 and 8 of the Protocol of Geneva to the Hague Agreement Concerning the International Deposit of International Designs, of August 29, 1975,
The Government of the [Kingdom of Belgium] [Grand Duchy of Luxembourg] [Kingdom of the Netherlands] has the honor to notify the Director General of the World Intellectual Property Organization of the following:
1. An Office common to the three Benelux countries (Belgium, Luxembourg, Netherlands) has been instituted under the name "Benelux Designs Office."
The seat of the Office is at The Hague (the Netherlands). The Benelux Designs Office was substituted for the national Office of each Benelux country as from January 1, 1975.
2. The application of the Convention referred to above shall be confined to the territories of the High Contracting Parties in Europe, in accordance with Article 11 thereof. These territories shall be deemed to be a single State for the application of Articles 2 to 17 of the 1960 Act of the Hague Agreement Concerning the International Deposit of Industrial Designs and for the application of Articles 2 and 3 of the 1975 Geneva Protocol to the said Agreement.
One consequence of territorial unification to which attention should be drawn is that a renunciation--limited to part of the Benelux territory--of protection resulting from an international deposit shall be effective throughout that territory, notwithstanding any statement to the contrary made by the proprietor (Article 18(2) of the Uniform Benelux Law).
Similarly, assignments or other transfers not made for the entire Benelux territory shall be null and void (Article 13 of the Uniform Benelux Law).
In addition, no limitation of a license, other than a restriction as to its duration, shall have any effect regarding the application of the Uniform Law (Article 13(2) of the Uniform Benelux Law).
The Benelux Designs office shall in future be entitled to receive payment on behalf of the three Countries of the fees referred to in Article 15, paragraph (1), item 2, of the 1960 Act of The Hague Agreement, which is applicable also by virtue of the 1975 Geneva Protocol, it being understood that those countries shall not be treated as separate countries for the application of the said provision. The three Governments shall demand to be officially notified of the total amounts distributed according to this procedure.
3. It is evident that the three Benelux countries shall remain three separate countries with respect to their representation in the Assembly of the Hague Special Union. They express the wish that their common Office, that is, the Benelux Designs Office, may be represented by its Director, in the capacity of observer in the said Assembly and at meetings concerning The Hague Union.
4. With a view to simplifying access to documentation concerning international deposits, Belgium and Luxembourg express the wish that publications and notifications from the International Bureau may be addressed also to their Industrial Property Services in Brussels and Luxembourg.