On the occasion of the visit paid by the Secretary-General in March 1956 to the Combined International Bureaux in Berne, the Director of the latter pointed out the importance attached by his Organisation to its collaboration with the Council of Europe and expressed the wish that the framework of this collaboration should be extended.
The Director of the Combined Bureaux expressed the particular wish that the Combined Bureaux, like other international organisations, should be given the opportunity of submitting annual reports to the Consultative Assembly, in which they could give a general account of their activities and draw particular attention to conventions signed but not ratified by certain Member States of the Council, as well as draft regional agreements prepared by the Organisation.
Examination of such reports by the Consultative Assembly would ensure wider publicity for the work of the Paris and Berne Unions, and might facilitate the ratification of conventions by European States or their adhesion to new projects.
The Agreement concluded between the Council of Europe and the Combined Bureaux by exchange of letters dated 22nd and 23rd April 1953, makes no provision for the submission of such reports by the Combined Bureaux. It is limited, in principle, to the establishment of links between the Secretariat-General of the two Organisations.
In June 1956, the Committee of Ministers authorised the Secretary-General to get in touch with the Director of the Combined International Bureaux with a view to negotiating a more extensive agreement than the one already concluded with that Organisation.
As a result of the negotiations between the Secretary-General and the Director of the Combined International Bureaux, the attached draft agreement was drawn up and approved by the Committee of Ministers in November 1956. As the new draft differs from the former agreement chiefly by making provision to give the Combined Bureaux the opportunity of transmitting reports to the Consultative Assembly, the Committee of Ministers has decided to submit the draft to the Assembly for its opinion.
The new text, moreover, is modelled on the agreement with F. A. 0., which was submitted to the Assembly for its opinion in Document 337 and approved in Opinion No. 17. The Explanatory Memorandum appearing on pages 2 to 4 of Document 337 is applicable mutatis mutandis to the agreement with the Berne Bureaux.
THE COMBINED INTERNATIONAL BUREAUX FOR THE PROTECTION OF INDUSTRIAL PROPERTY AND OF LITERARY AND ARTISTIC WORKS (hereinafter referred to as « the Combined International Bureaux ") and
THE COUNCIL OF EUROPE (hereinafter referred to as " the Council "),
Considering that, in the interests of the Member States of the international unions of world-wide scope set up under the Paris Convention of 20th March 1883, last revised at London on 2nd June 1934, for the protection of industrial property, and the Berne Convention of 9th September 1886, last revised at Brussels on 26th June 1948, for the protection of literary and artistic works, the Combined International Bureaux constitute the competent international authority in the sphere of industrial property and copyright, taking into account the provisions of those Conventions;
Considering that the Council is a regional organisation whose aim is to achieve a greater unity among its Members for the purpose of safeguarding and fulfilling the ideals and principles which are their common heritage and facilitating their economic and social progress; that this aim is to be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms;
Considering that the Council is thus qualified to deal with any problem in those fields, the solution of which might promote greater unity among its Members and that it is therefore interested in studying, at European level, matters within the competence of the Combined International Bureaux, if such studies would result in intergovernmental action of common interest to both organisations ;
Recognising their community of interests and being desirous of co-ordinating their efforts with a view to pursuing their common aims along agreed lines within the competence conferred upon the Combined International Bureaux under the above-mentioned Paris and Berne Conventions and the Statute of the Council of Europe; which implies that they shall keep each other informed of their programmes and activities and avoid unnecessary duplication,
Have agreed as follows :
ARTICLE 1 - Exchange of information and documents
ARTICLE 2 - Mutual consultation
ARTICLE 3 - Relations with the Council of Europe
The Combined International Bureaux may transmit to the Council for examination, particularly by the Consultative Assembly, reports on those activities of the Bureaux which are of specifically European interest. Preliminary consultations shall be held to determine the date and methods of presentation of such reports, taking into account the work and calendar of the institutions of the Council in; general and of the Consultative Assembly in particular.
ARTICLE 4 - Reciprocal representation
RTICLE 5 - Proposal of items for inclusion in the Agenda
ARTICLE 6 - Technical co-operation
Insofar as their resources permit and within their terms of reference and programmes, the Combined International Bureaux and the Council will co-operate in studying technical questions applying to Europe and will assist each other in the implementation of the results of such studies. In the event of such co-operation entailing extraordinary expenditure, consultation will take place with a view to determining the most equitable manner of meeting such expenditure.
ARTICLE 7 - Administrative arrangements
The Director of the Combined International Bureaux and the Secretary-General of the Council shall make appropriate administrative arrangements to ensure effective cooperation and liaison between the Secretariats of the two organisations.
ARTICLE 8 - Entry into force and duration