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Exchange of Notes between the Government of Canada and the Government of the Republic of Korea constituting an Agreement with respect to the Protection of Industrial Property [1979] CATSer 3 (13 February 1979)

E101463 - CTS 1979 No. 9

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA CONSTITUTING AN AGREEMENT WITH RESPECT TO THE PROTECTION OF INDUSTRIAL PROPERTY

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The Secretary of State for External Affairs of Canada to the Minister of Foreign Affairs of the Republic of Korea

OTTAWA, February 13, 1979

No. FLA-501

His Excellency Tong-Jin Park
Minister of Foreign Affairs
for the Republic of Korea
Ottawa

Excellency,

I have the honour to refer to conversations which have recently taken place between representatives of the Government of Canada and the Government of the Republic of Korea with respect to the conclusion of an agreement for the granting and protection of rights on patents of invention, utility models, industrial designs and trademarks to nationals of the other country. The agreement reached as a result of these conversations is the following:

1. Nationals, residents and legal entities created by operation of law of either country shall, within the territory of the other country, be permitted to enjoy the same rights as are given to nationals, residents and legal entities created by operation of law of the other country with respect to rights for registration and protection of patents of invention, utility models, industrial designs and trademarks regardless of whether they have a domicile or an establishment in such other country.

2. Nationals, residents and legal entities created by operation of law of either country who have duly filed an application for patents of invention, or for the registration of utility models and of designs in the other country shall enjoy, for the purpose of filing in that country, a right of priority during the period provided for by the relevant laws and regulations of the other country.

3. In order to ensure the protection referred to in paragraph 1, nationals, residents and legal entities created by operation of law of either country shall be subject to the laws and regulations of the country in which the protection is requested.

If the foregoing terms are acceptable to the Government of the Republic of Korea, I have the honour to propose that the present Note, which is authentic in English and French, and Your Excellency's reply, in Korean and English, to that effect shall be regarded as constituting an Agreement between our two Governments which shall enter into force on the date of Your Excellency's reply thereto and shall remain in force indefinitely unless either Government gives to the other six months' written notice of its intention to terminate the Agreement.

Accept, Excellency, the renewed assurances of my highest consideration.

Don Jamieson

Secretary of State for External Affairs

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The Minister of Foreign Affairs of the Republic of Korea to the Secretary of State for External Affairs

(Translation)

OTTAWA, 13 February 1979

The Honourable Donald C. Jamieson, P.C., M.P.
Secretary of State for External Affairs
Ottawa, Canada

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of 13 February 1979, which reads as follows:

(Text of Canadian Note No. FLA-501)

I have further the honour to inform Your Excellency that the provisions set forth in Your Excellency's Note are acceptable to the Government of the Republic of Korea and to confirm that Your Excellency's Note and this reply are considered as constituting an Agreement between our two Governments on this subject, which enters into force on the date of this reply.

Accept, Excellency, the renewed assurances of my highest consideration.

Tong-Jin Park

Minister of Foreign Affairs