The Nice Agreement

About the agreements

The Nice Agreement

  • It establishes an international classification of goods and services for the purposes of registration of trademarks and service marks (known as the Nice Classification).
  • The classification system is specified by the World Intellectual Property Organization (WIPO).
  • It was concluded at Nice in 1957 (later revised and amended a few times).
  • The Nice Classification is updated every five years and its latest 11th version of the system groups products into 45 classes (classes 1-34 include goods and classes 35-45 embrace services).
  • The Nice Classification benefits through a single classification system and makes filing simplified. Since the system is recognized in numerous countries, this makes applying for trademarks internationally a more streamlined process.
  • The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property (1883).

 

The Vienna Agreement

  • It deals with an international classification of the figurative elements of trademarks.
  • The Vienna Agreement was concluded in Vienna in 1973. It established the classification called the Vienna Classification for trademarks that consist of, or contain, figurative elements.
  • The purpose of the Vienna classification is to facilitate trademark anticipation searches at the international level (as a first step to protecting trademarks, it is advised to conduct a trademark search to make sure that the mark in question is not already in use by another).
  • The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property (1883).

 

The Locarno Agreement

  • It establishes a classification for industrial designs (the Locarno Classification).
  • It was adopted in 1968.
  • The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property (1883).
  • The Locarno Classification is solely of an “administrative character”. It does not bind the contracting countries with regard to the nature and scope of the protection afforded to the design in those countries.

 

 

News summary

  • The Union Cabinet approved India’s Accession to the Nice, Vienna and Locarno Agreements.
  • Significance
    • It would harmonise the Indian classification systems for examination of trademark and design applications, in line with the systems followed globally.
    • It is expected to instill confidence in foreign investors in relation to protection of IPs in India.
    • It will also facilitate India to exercise its rights in decision-making processes regarding review and revision of the classifications under the agreements.
    • It will give an opportunity to include Indian designs, figurative elements and goods in the international classification systems.
Section : Science & Tech
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