关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 金融 无形资产 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决 按管辖区浏览

红十字名称和标志法, 爱沙尼亚

返回
被取代文本  转至WIPO Lex中的最新版本
详情 详情 版本年份 2006 日期 生效: 2006年6月1日 议定: 2006年4月5日 文本类型 其他文本 主题 版权与相关权利(邻接权)

可用资料

主要文本 相关文本
主要文本 主要文本 英语 Red Cross Designation and Emblem Act 2006        
 Microsoft Word - EE106EN.doc

Red Cross Designation and Emblem Act

Passed 5 April 2006

(RT 1 I 2006, 18, 141)

entered into force 1 June 2006

1. Chapter 1

General Provisions

§ 1. Scope of application of Act

(1) This Act provides for the national procedure for the use of the designation and

emblem of the red cross, and the liability for the abuse of the designation and emblem of

the red cross, and of other international designations and emblems which serve the same

purpose.

(2) The use of the designation and emblem of the red cross shall be based on

Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed

Forces in the Field, Geneva, 12 August 1949, Convention (II) for the Amelioration of the

Condition of Wounded, Sick and Shipwrecked Members of Armed Forces, Geneva, 12

August 1949, Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12

August 1949, Convention (IV) relative to the Protection of Civilian Persons in Time of

War, Geneva, 12 August 1949, as well as the Protocol Additional to the Geneva

Conventions of 12 August 1949, and relating to the Protection of Victims of International

Armed Conflicts (Protocol I), 8 June 1977 and the Protocol Additional to the Geneva

Conventions of 12 August 1949, and relating to the Protection of Victims of Non-

International Armed Conflicts, (Protocol II), 8 June 1977 (hereinafter the Geneva

Conventions) and this Act.

(3) This Act does not restrict the use of the red cross emblem pursuant to the

procedure permitted by the Vienna Convention on Road Traffic (1968) and Vienna

Convention on Road Signs and Signals (1968), and the use of the red cross designation or

emblem in conformity to international agreements ratified by the Riigikogu 2 or

international practices.

§ 2. Application of Administrative Procedure Act

The provisions of the Administrative Procedure Act apply to the administrative

proceedings prescribed in this Act, taking account of the specifications provided for in

this Act.

§ 3. Designation and emblem of red cross

(1) The protected designation of the red cross (hereinafter designation) shall be the

"Red Cross" or "Geneva Cross".

(2) The emblem of the red cross (hereinafter emblem) shall be a red cross on a white

ground.

§ 4. Other designations and emblems

(1) The other designations and emblems used by the International Red Cross and Red

Crescent Movement (hereinafter Red Cross Movement) for the same purpose as the

designation and emblem of the red cross, that is, the designation and emblem of the red

crescent and the designation and emblem of the red lion and sun, may be used in Estonia

only in the cases permitted by international law.

(2) The protected designation of the red crescent is the "Red Crescent" and the

emblem of the red crescent is a red crescent on a white ground.

(3) The protected designation of the red lion and sun is the "Red Lion and Sun" and

the emblem of the red red lion and sun is a red lion and sun on a white ground

§ 5. Estonian Red Cross

The Estonian Red Cross is the organisation which represents Estonia in the Red Cross

Movement and has been accepted to the Red Cross Movement according to the Statutes

of the International Federation of Red Cross and Red Crescent Societies.

2. Chapter 2

Use of Designation and Emblem for Protective Purposes

§ 6. Use of designation and emblem for protective purposes and persons so entitled

(1) For protective purposes, the designation or emblem is used to mark persons or

property in order to indicate their status as a person or property protected under

international law.

(2) Only the following are entitled to use the designation or emblem for protective

purposes:

1) medical and religious personnel of the Defence Forces, during an armed conflict,

in a state of war or during peace-time;

2) state medical and religious personnel of foreign states, and Estonian and foreign

voluntary medical and religious personnel who are recognised, authorised and notified

pursuant to the procedure provided by the Geneva Conventions, during an armed conflict

or in a state of war;

3) personnel of the Red Cross Movement, including the International Committee of

the Red Cross and the International Federation of Red Cross and Red Crescent Societies,

and of national Red Cross and Red Crescent Societies, during an armed conflict or in a

state of war;

4) health care professionals and personnel specified in the same subsection, in the

case specified in subsection 8 (1) of this Act.

§ 7. Procedure for use of designation and emblem for protective purposes

(1) For protective purposes, the designation or emblem shall be used for designating

the persons specified in subsection 6 (2) of this Act, and the buildings and means of

transport used by such persons as well as other property related to the treatment and

taking care of wounded and sick persons.

(2) An identity card shall be issued to the persons specified in subsection 6 (2) of this

section. The state and voluntary medical personnel, religious personnel and personnel of

the Red Cross Movement of other states specified in clauses 6 (2) 2) and 3) of this Act

shall be issued an identity card if the other states have not issued such card to them. The

identity card shall be issued by the Defence Forces in the cases specified in clauses 6 (2)

1)–3) of this Act and by duly authorised officials in the case provided by clause 6 (2) 4)

of this Act.

(3) In the case of using the emblem for protective purposes, the emblem must be as

large as appropriate in order to be visible from as far away and from as many directions

as possible.

(4) The format of the identity card, the procedure for the issue and use of identity

cards and the procedure for using the emblem for protective purposes shall be established

by a regulation of the Government of the Republic.

§ 8. Use of emblem by health care providers during armed conflicts and in state of war

(1) The health care professionals and other personnel, and health care providers

engaged in the treatment and taking care of wounded and sick persons as well as the

buildings, means of transport and other property used for such purposes shall be marked

with the emblem during armed conflicts and in a state of war. Health care providers shall

ensure installation of the markings.

(2) During armed conflicts and in a state of war, the officials appointed by the

Minister of Social Affairs shall organise the supply of identity cards conforming to the

format established by a regulation of the Government of the Republic based on

subsection 7 (4) of this Act to the health care professionals and other personnel specified

in subsection (1) of this section. If necessary, the Defence Forces shall provide assistance

in supplying health care professionals with identity cards.

3. Chapter 3

Use of Designation and Emblem for Reference Purposes

§ 9. Procedure for use of designation and emblem for reference purposes

(1) The designation or emblem is used for reference purposes in order to indicate that

a person or property is connected to the Red Cross Movement.

(2) It is prohibited to use the designation or emblem for reference purpose in a

manner which could leave the impression that the person or property marked by the

designation or emblem is under the protection of the designation or emblem. It is

prohibited to use the emblem for reference purposes in the manner provided for the use of

the emblem for protective purposes established by a regulation of the Government of the

Republic based on subsection 7 (4) of this Act.

(3) Upon use of the emblem for reference purposes, the measurements of the emblem

must be small in proportion to the object on which it is used and the emblem must not be

used on arm-bands or roofs of construction works.

§ 10. Entitled persons

(1) The members of the Red Cross Movement and the Estonian Red Cross may use

the designation and emblem for reference purposes if this conforms to the principles of

the Red Cross Movement.

(2) Other persons may use the designation and emblem for reference purposes only

based on a written agreement between the Estonian Red Cross and the user.

§ 11. Use of designation and emblem for reference purposes by other persons

(1) The persons who use the designation and emblem for reference purposes based on

a written agreement between the Estonian Red Cross and the user shall, in addition to the

provisions of subsections 9 (2) and (3) of this Act, adhere to the following requirements:

1) the designation and emblem are used only in the area and during the time

determined by the agreement;

2) the designation and emblem shall not be used contrary to the principles of the Red

Cross Movement and among other, the designation and emblem shall not be used in

relation to alcohol, tobacco products or weapons.

(2) The Estonian Red Cross may terminate an agreement entered into with a person

for the use of the designation or emblem for reference purposes if the person fails to

comply with the conditions provided by subsection (1) of this section or subsections 9 (2)

or (3) of this Act and the further use of the emblem or designation would be contrary to

international law or an Act. This subsection does not restrict the right of the Estonian Red

Cross to terminate an agreement on other grounds.

(3) No fee shall be collected for the use of the designation or emblem from the

persons who use the designation or emblem in the area of culture provided that such use

in not in conflict with the principles of use of the designation or emblem for protective

purposes.

4. Chapter 4

State Supervision

§ 12. Precepts

(1) If a person uses the designation or emblem of the red cross, the designation or

emblem of the red crescent or the designation or emblem of the red lion and sun in

conflict with international law or an Act, the Ministry of Defence or a police prefecture

may issue a precept for termination of the abuse to the person.

(2) During armed conflicts and in a state of war, the precept for termination of the

abuse of the designation or emblem provided in subsection (1) of this section may also be

made by the Commander of the Defence Forces or the Commander-in-Chief of the

Defence Forces or the chiefs authorised thereby in the Defence Forces.

(3) During armed conflicts and in a state of war, the Ministry of Defence, Ministry of

Social Affairs, police prefectures, and the Commander of the Defence Forces, the

Commander-in-Chief of the Defence Forces or the chiefs authorised thereby in the

Defence Forces may issue precepts for compliance with the marking requirement

provided in subsection 8 (1) of this Act to health care professionals, other personnel and

health care providers.

(4) Upon failure to comply with a precept, a penalty payment or substitutive

enforcement may be imposed pursuant to the procedure provided for in the Substitutive

Enforcement and Penalty Payment Act.

(5) The upper limit for a penalty payment is 40 000 kroons.

(6) Substitutive enforcement may be imposed during armed conflicts or in a state of

war without issuing a precept, warning or enforcement order, or without a warning or

enforcement order.

5. Chapter 5

Liability

§ 13. Abuse of designation and emblem

(1) Abuse of the designation or emblem of the red cross, the designation or emblem

of the red crescent or the designation or emblem of the red lion and sun, or a designation

or emblem similar to them, unless such use took place during an armed conflict or in a

state of war and it can be related to the use of the designation or emblem of the red cross,

the designation or emblem of the red crescent or the designation or emblem of the red

lion and sun for protective purposes, is punishable by a fine of up to 300 fine units or by

detention.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 50

000 kroons.

§ 14. Damaging of designation and emblem

Damaging, soiling, destroying or unauthorised removal of the designation or emblem of

the red cross, the designation or emblem of the red crescent or the designation or emblem

of the red lion and sun is punishable by a fine of up to 300 fine units or by detention.

§ 15. Proceedings

(1) The provisions of the General Part of the Penal Code and the Code of

Misdemeanour Procedure apply to misdemeanours provided for in §§ 13 and 14 of this

Act.

(2) The following extra-judicial bodies conduct proceedings in matters of

misdemeanours provided for in §§ 13 and 14 of this Act:

1) police prefectures;

2) Ministry of Defence.

6. Chapter 6

Implementing Provision

§ 16. Entry into force of Act

This Act enters into force on 1 June 2006.

1 RT = Riigi Teataja = State Gazette

2 Riigikogu = Parliament of Estonia


立法 被以下文本取代 (2 文本) 被以下文本取代 (2 文本)
无可用数据。

WIPO Lex编号 EE106