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INTERNATIONAL CLASSIFICATION

FOR

INDUSTRIAL DESIGNS

WORLD INTELLECTUAL PROPERTY ORGANIZATION

GENEVA 1972

WIPO PUBLICATION

No. 501 (E)

@ WIPO 1972

CONTENTS

Preface

Locarno Agreement Establishing

an International Classification for Industrial Page 5 Designs . • . . . . . . . . . . . . . . . . . . . . . . . . . 9

Recommendation adopted by the Committee

of Experts on September 17, 1971 18

Table of Classes

List of Classes and Subclasses, with Explanatory Notes

Alphabetical List

of Goods (English-French):

General List

List according

to Classes and Subclasses 3 19 21
37
133

INTERNATIONAL CLASSIFICATION FOR INDUSTRIAL

DESIGNS

PREFACE

I. The International Classification for Industrial Designs was established by an

Agreement concluded between the Governments

of several countries members of the Paris Union for the Protection of Industrial Property at a Diplomatic Conference held in Locarno from October 2 to

8, 1968.

The countries party to the Locarno Agreement Establishing an International

Classification for Industrial Designs,

of October 8, 1968, have constituted a Special

Union and declared their adoption

of a single classification for industrial designs. The International Classification comprises three parts : a list of classes and sub classes; an alphabetical list of goods in which industrial designs are incorporated, with an indication of the classes and subclasses into which they fall; explanatory notes. The list of classes consists of 31 classes, each containing a varying number of subclasses.

The International Classification has

an essentially practical value. Article 2 of the Locarno Agreement expressly provides that, subject to the requirements prescribed by that Agreement, the Classification shall be solely of an administrative character, having whatever legal scope each country attributes to it.

In particular,

the International Classification does not bind the contracting countries as regards either the nature or the scope of the protection afforded to the design in those countries.

The Locarno Agreement provides that the

Offices of the contracting countries

must include in the official documents for the deposit or registration of designs, and, if they are officially published, in the publications in question, the numbers of the classes and subclasses of the International Classification to which the goods in corporating the designs belong. As to how these numbers should be indicated, the Committee of Experts set up by the Locarno Agreement (see Part III below) adopted · a recommendation whose text appears on page 18 of this volume. Each of the contracting countries has the right to use the International Classifica tion as a principal or as a subsidiary system.

As from January

1, 1972, WIPO has been classifying according to the Inter

national Classification goods in which industrial designs that are the subject of international deposit are incorporated, in order to facilitate the task of countries to which the effects of the international deposit extend. s II. The International Classification established by the Locarno Agreement was elaborated in response to the interest shown by a number of member countries of the Paris Union, an interest which was revealed by a survey made in April 1963 by the United International Bureaux for the Protection of Intellectual Property (BIRPI), now the International Bureau of the World Intellectual Property Organization, hereinafter referred to as the International Bureau.

The work

of the Locarno Conference had been prepared by a Committee of Experts which was convened on two occasions by the International Bureau, in

1964 and in 1966. The Committee. had elaborated a draft international classification

and recommended the conclusion of a special agreement within the framework of the Paris Union for the Protection of Industrial Property to serve as a basis for the International Classification. At the session which it held from September 26
to 29, 1966, the Executive Co1t1mittee of the Conference of Representatives of the

Paris Union also considered that it would

be desirable to convene a diplomatic conference for the adoption of a treaty on the classification of goods for the purposes of the registration of industrial designs. The example of the International Classifica tion of Goods and Services for the Purposes of the Registration of Marks, which was created in

1935 and made official by an Agreement concluded at Nice in 1957,

had demonstrated the need to establish, by means of an international treaty, a permanent international body entrusted with adapting the classification to progress in industry and technology. Indeed, the absence of such a body leads countries to amend and add to the classification themselves-and, failing agreement, sometimes in different ways-thereby prejudicing its international character. III. The Locarno Agreement set up at the International Bureau a Committee of Experts on which each of the contracting countries is represented. This Committee was entrusted with finalizing the list of classes and subclasses which had been an nexed to the Agreement, and with adopting the explanatory notes and the list of goods. It is also the body competent for keeping the International Classification up to date by adapting it to developments in industry and technology. In order to prepare the preliminary work of the Committee of Experts pending the entry into force of the Agreement, the Locarno Conference, by a Resolution dated October

7, 1968, set up at the International Bureau a provisional Committee

of Experts composed of one representative from each country signatory to the

Agreement, and gave it the task

of re-examining the list of classes and subclasses annexed to the Agreement, and of establishing drafts of the alphabetical list of goods and of the explanatory notes. The provisional Committee of Experts held one session, which took place from November

30 to December 4, 1970.

The Locarno Agreement entered into force on April 27, 1971, and the Committee of Experts met for the first time from September 6 to 18, 1971. It finalized and adopted the list of classes and subclasses, with explanatory notes on a great many classes and subclasses, as well as the alphabetical list of goods. The various subclasses have 6 been established according to the so-called " superiority principle, " which means that each class begins, as far as possible, with the most restrictive subclass and ends with the most general.

In accordance with the provisions

of the Locarno Agreement, proposals for amendments or additions to the International Classification may be made at any time by the Office of any of the contracting countries or by the International Bureau.

Proposals are forwarded

by the International Bureau to the Committee of Experts, which then meets to decide on them. Amendments and additions adopted by the

Committee

of Experts are communicated by the International Bureau to the Offices of the contracting countries and, where they affect the list of classes and subclasses and the explanatory notes, published in the periodical reviews,

La Propriete indus

trielle and Industrial Property, issued by the International Bureau; amendments and additions affecting the alphabetical list of goods are the subject of a note published in the same periodicals. Amendments and additions adopted by the Committee of Experts generally enter into force as soon as the communication is received by the Offices. However, if they entail the setting up of a new class or any transfer of goods from one class to another, they enter into force within a period of six months from the date of the said communication. IV. This volume comprises, in addition to the text of the Locarno Agreement of October 8, 1968, and of the Recommendation adopted by the Committee of Experts on September

17, 1971, the three component parts of the International Classification

for Industrial Designs as adopted by the Committee of Experts on September 18,

1971, namely, the list of classes and subclasses, the alphabetical list of goods in

which industrial designs are incorporated, with an indication, for each of the goods, of the class and subclass into which it falls, and the explanatory notes.

The list

of classes and subclasses is preceded by a table of classes (without sub classes).

The alphabetical list consists

of two parts: a first part comprising, in alphabet ical order, all the goods whatever the class and subclass to which they belong, and a second part in which the goods are arranged alphabetically according to classes and subclasses. To facilitate consultation of these lists, the same goods may appear several times under different key-words. In choosing the key-words, words in very frequent use, such as "machines," "apparatus," "instruments,"" utensils," and "devices," which would have entailed grouping too many goods under one single heading, were disregarded. Thus, " sewing machines " or " calculating machines " should be looked for only under " sewing machines" and "calculating machines" and not under "machines (sewing-)" or "machines (calculating-)". Finally, each of the goods indicated has its French equivalent opposite, and may even have several synonyms in the French language.

With a

view also to simplifying consultation of the explanatory notes, the latter have not been published separately but appear after the text of the class or subclass to which they refer. 7 V. In accordance with the Locarno Agreement, the International Classification is established in the Eng]ish and French languages, both texts being equally authentic. In addition, official texts may be established in other languages by the Director

General

of the International Bureau, after consultation with the interested Govern ments. Official texts are being prepared in German, Portuguese and Spanish and may be followed by official texts in other languages. VI. This volume may be ordered, in English or French or in one of the established official translations, from the World Intellectual Property Organization (WIPO),

32 chemin des Colombettes, Geneva (Switzerland).

8

Locarno Agreement Establishing

an Intemational Classification for

Industrial Designs

of October 8, 1968

Article l

Establishment of a Special Union;

Adoption

of an Intemational Classification (1) The countries to which this Agreement applies constitute a Special Union. (2) They adopt a single classification for industrial designs (hereinafter designated as "the intemational classification"). (3)

The intemational classification shall comprise :

(i) a list of classes and subclasses ; (ii) an alphabetical list of goods in which industrial designs are incorporated, with an indication of the classes and subclasses into which they fall ; (iii) explanatory notes. (4) The list of classes and subclasses is the list annexed to the present Agree ment, subject to such amendments and additions as the Committee of Experts set up under Article 3 (hereinafter designated as "the Committee of Experts") may make to it. (5) The alphabetical list of goods and the explanatory notes shall be adopted by the Committee of Experts in accordance with the procedure laid do"!ll in

Article 3.

(6) The international classification may be amended or supplemented by the Committee of Experts, in accordance with the procedure laid down in

Article 3.

(7) (a) The intemational classification shall be established in the English and French languages. (b) Official texts of the intemational classification, in such other languages as the Assembly referred to in Article 5 may designate, shall be established, after consultation with the interested Govemments, by the lntemational Bureau of Intellectual Property (hereinafter designated as "the lntemational Bureau") referred to in the Convention establishing the World Intellectual Property Organization (hereinafter designated as "the Organization"). 9

Artiele 2

Use and Legal Scope of the

lntemational Classification (1) Subject to the requirements prescribed by this Agreement, the inter• national classification shall be solely of an administrative character. Neverthe less, each country may attribute to it the legal scope which it considers appro priate. In particular, the intemational classification shall not bind the countries of the Special Union as regards the nature and scope of the protection afforded to the design in those countries. national classification as a principal or as a subsidiary system. (3) The Offices of the countries of the Special Union shall include in the official documents for the deposit or registration of designs, and if they are officially published, in the publications in question, the numbers of the classes and subclasses of the intemational classification into which the goods incor porating the designs belong. (4) In selecting terms for inclusion in the alphabetical list of goods, the Committee of Experts shall exercise reasonable care to avoid using terms in which exclusive rights may exist. The inclusion of any word in the alphabetical index, however, is not an expression of opinion of the Committee of Experts on whether or not it is subject to exclusive rights.

Article 3

Committee of Experts

(1) A Committee of Experts shall be entrusted with the tasks referred to in Article 1 (4), 1 (5) and 1 (6). Each country of the Special Union shall be represented on the Committee of Experts, which shall be organized according to rules of procedure adopted by a simple majority of the countries represented. (2) The Committee of Experts shall adopt the alphabetical list and explan atory notes by a simple majority of the votes of the countries of the Special

Union.

(3) Proposals for amendments or additions to the intemational classification national Bureau. Any proposal emanating from an Office shall be communicated by that Office to the lntemational Bureau. Proposals from Offices and from the lntemational Bureau shall be transmitted by the latter to the members of the Committee of Experts not later than two months before the session of the Committee at which the said proposals are to be considered.

4) The decisions of the Committee of Experts conceming the adoption of

amendments and additions to be made in the intemational classification shall be by a simple majority of the countries of the Special Union. Nevertheless, if such decisions entail the setting up of a new class or any transfer of goods from one class to another, unanimity shall be required. (5) Each expert shall have the right to vote by mail. (6) If a country does not appoint a representative for a given session of the Committee of Experts, or if the expert appointed has not expressed his vote 10 during the session or within a period to be prescribed by the rules of procedure of the Committee of Experts, the country concerned shall be considered to have accepted the decision of the Committee.

Article 4

Notification and Publication

of the Classification and of

Amendments and Additions Thereto

(1) The alphabetical list of goods and the explanatory notes adopted by the Committee of Experts, as well as any amendment or addition to the inter national classification decided by the Committee, shall be communicated to the Offices of the countries of the Special Union by the International Bureau. The decisions of the Committee of Experts shall enter into force as soon as the communication is received. Nevertheless, if such decisions entail the setting up of a new class or any transfer of goods from one class to another, they shall enter into force within a period of six months from the date of the said com munication. (2) The International Bureau, as depositary of the international classifica tion, shall incorporate therein the amendments and additions which have entered into force. Announcements of the amendments and additions shall be published in the periodicals to be designated by the Assembly.

Article 5

Assembly of the Special Union

(1) (a) The Special Union shall have an Assembly consisting of the countries of the Special Union. (b) The Government of each country of the Special Union shall be repre sented by one delegate, who may be assisted by alternate delegates, advisors, and experts. (c) The expenses of each delegation shall be home by the Government which has appointed it. (2) (a) Subject to the provisions of Article 3, the Assembly shall: (i) deal with all matters concerning the maintenance and development of the Special Union and the implementation of this Agreement ; (ii) give directions to the International Bureau concerning the preparation for conferences of revision ; (iii) review and approve the reports and activities of the Director General of the Organization (hereinafter designated as "the Director General") concerning the Special Union, and give him all necessary instructions concerning matters within the competence of the Special Union; (iv) determine the program and adopt the triennial budget of the Special Union, and approve its final accounts ; (v) adopt the financial regulations of the Special Union; (vi) decide on the establishment of official texts of the international classi fication in languages other than English and French ; 11 (vii) establish, in addition to the Committee of Experts set up under Article 3, such other committees of experts and working groups as it deems appro priate to achieve the objectives of the Special Union; (viii) determine which countries not members of the Special Union and which intergovernmental and international non-governmental organizations shall be admitted to its meetings as observers ; (ix) adopt amendments to Articles 5 to 8 ; (x) take any other appropriate action designed to further the objectives of the

Special Union ;

(xi) perform such other functions as are appropriate under this Agreement. (b) With respect to matters which are of interest also to other Unions ad ministered by the Organization, . the Assembly shall make its decisions after having heard the advice of the Coordination Committee of the Organization. (3) (a) Each country member of the Assembly shall have one vote. (b) One-half of the countries members of the Assembly shall constitute a quorum. (c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of countries represented is less than one-half but equal to or more than one-third of the countries members of the Assembly, the Assembly may make decisions but, with the exception of decisions concerning its own pro cedure, all such decisions shall take effect only if the conditions set forth here inafter are fulfilled. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of the communication. If, at the expiration of this period, the number of countries having thus expressed their vote or abstention attains the number of countries which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains. ( d) Subject to the provisions of Article 8 (2), the decisions of the Assembly shall require two-thirds of the votes cast. (e) Abstentions shall not be considered as votes. (f) A delegate may represent, and vote in the name of, one country only. (4) (a) The Assembly shall meet once in every third calendar year in ordinary session upon convocation by the Director General and, in the absence of excep tional circumstances, duringquotesdbs_dbs26.pdfusesText_32

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