The Locarno Agreement 1968 and the Strasbourg Agreement 1971

In one line

Locarno classifies industrial designs and Strasbourg creates the International Patent Classification, and neither decides anything about the scope of any right.

In exam wording: the Locarno Agreement Establishing an International Classification for Industrial Designs, of 8 October 1968 as amended on 28 September 1979, and the Strasbourg Agreement Concerning the International Patent Classification, of 24 March 1971 as amended on 28 September 1979, each establish a Special Union which adopts a common classification, in each case administrative in effect and expressly without binding force as to the scope of protection or the extent of the rights conferred.

The Locarno Agreement 1968

Article 1(1): the countries to which this Agreement applies constitute a Special Union and adopt a common classification for industrial designs.

Article 1(2): the classification comprises a list of classes and subclasses, an alphabetical list of goods in which industrial designs are incorporated with an indication of the classes and subclasses into which they fall, and explanatory notes.

Article 1(3): the classification consists of the list published in 1968 by the International Bureau, with such amendments and additions as the Committee of Experts may make under Article 3.

Article 1(4): the classification is in English and French, both equally authentic.

Article 2(1) is the limitation, in the same terms as Nice. Subject to the requirements prescribed by this Agreement, the international classification shall be solely of an administrative character, and each country may attribute to it the legal scope it desires. In particular, the international 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.

The word solely is stronger than the Nice formula, and it makes the point explicitly.

Article 2(2): each country reserves the right to use the classification as a principal or as a subsidiary system.

Article 2(3): the Offices shall include in the official documents for the deposit or registration of designs, and in publications, the numbers of the classes and subclasses.

Article 2(4): in selecting terms for inclusion in the alphabetical list, the Committee of Experts shall exercise due discretion in the use of terms in which rights of exclusivity may exist, and the inclusion of any word in no way constitutes an expression of opinion on whether it is subject to such rights.

Article 3: the Committee of Experts, in which each country is represented, which decides amendments and additions, with four fifths for amendments and a simple majority for additions and other amendments, in the same structure as Nice.

Article 4: notification, entry into force and publication, amendments taking effect six months after despatch and additions on the date of despatch.