Decision No. 35 2015 QD-TTg on promulgation of essential goods and services for which contract forms

INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES FOR THE PURPOSES OF THE REGISTRATION OF MARKS (NICE CLASSIFICATION) EIGHTH EDITION PART II WITH LIST OF GOODS AND SERVICES IN CLASS ORDER WORLD INTELLECTUAL PROPERTY ORGANIZATION GENEVA 2001 All rights reserved. No part of this publication may be reproduced in any form or by any means (electronically, mechanically, by photocopying, recording or otherwise) without the prior permission of the copyright owner. WIPO PUBLICATION No. 500.2(E) ______________________________ ISBN 92-805-0938-1 (iii) CONTENTS Page Preface (v) Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (ix) Madrid Agreement Concerning the International Registration of Marks (extracts) (xix) Protocol Relating to the Madrid Agreement (extracts) (xxiii) Nice Classification: Guidance for the User 1 General Remarks 3 Class Headings 4 List of Classes, with Explanatory Notes: Goods 7 Services 26 Alphabetical List (in Class order): Goods 35 Services 145 * * * (v) PREFACE HISTORY AND PURPOSE OF THE NICE CLASSIFICATION The International (Nice) Classification of Goods and Services for the Purposes of the Registration of Marks was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957, and was revised at Stockholm, in 1967, and at Geneva, in 1977. The countries party to the Nice Agreement constitute a Special Union within the framework of the Paris Union for the Protection of Industrial Property. They have adopted and apply the Nice Classification for the purposes of the registration of marks. Each of the countries party to the Nice Agreement is obliged to apply the Nice Classification in connection with the registration of marks, either as the principal classification or as a subsidiary classification, and has to include in the official documents and publications relating to its registrations of marks the numbers of the classes of the Classification to which the goods or services for which the marks are registered belong. Use of the Nice Classification is mandatory not only for the national registration of marks in countries party to the Nice Agreement, but also for the international registration of marks effected by the International Bureau of WIPO, under the Madrid Agreement Concerning the International Registration of Marks and under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and for the registration of marks by the African Intellectual Property Organization (OAPI), by the Benelux Trademark Office and by the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM). The Nice Classification is also applied in a number of countries not party to the Nice Agreement (see list on page (viii)). REVISIONS OF THE NICE CLASSIFICATION The Nice Classification is based on the Classification prepared by the United International Bureaux for the Protection of Intellectual Property Công ty Luật Minh Gia www.luatminhgia.com.vn THE PRIME MINISTER Decision No 35/2015/QD-TTg dated August 20, 2015 of the Prime Minister on amending a number of articles of the Decision No 02/2012/QD-TTg on promulgation of essential goods and services for which contract forms and general transaction conditions must be registered Pursuant to the Law on Government organization dated December 25, 2001; Pursuant to the Law on consumers’ right protection dated November 17th 2010; Pursuant to Decree No 99/2011/ND-CP dated November 27th 2011 by the Government providing guidance on the implementation of a number of articles of the Law on consumers’ right protection; At the request of the Minister of Industry and Trade, The Prime Minister promulgates Decision amending to Decision No 02/2012/QD-TTg dated January 13th 2012 by the Prime Minister on promulgation of List of essential goods and services for which contract forms and general transaction condition must be registered Article Modification of names of a number of goods and services on the List of essential goods and services for which contract forms and general transaction conditions must be registered enclosed with Decision No 02/2012/QD-TTg Number 2: “Supply of clean water for residential consumption” is changed into “Supply of tap water” Number 4: “Fixed telephone subscription” is changed into “Terrestrial fixed telephone services” Number 5: “Postpaid mobile phone subscription” is changed into “Terrestrial mobile information services (form of payment: postpaid service)” Number 6: “Internet connection” is changed into “Internet access services” Article Addition to the List of essential goods and services for which contract forms and general transaction conditions must be registered enclosed with Decision No 02/2012/QD-TTg "Terrestrial mobile information services (form of payment: prepay service) LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn Number 10 - “Issue of inland debit cards, open and use payment account service (applicable to individual customers), individual borrow service (for consumption purpose) - is add to the List Number 11 – “Life insurance” – is added to the List Article Implementation effect This Decision takes effect on October 15, 2015 Article Transitional clauses Within 90 days from the day on which this Decision takes effect, any organizations/individuals applying contract forms and/or general transaction conditions to goods and services specified in Article of this Decision shall register according to laws on secure of rights of consumers Regarding contracts that are signed and effective before the effect date of this Decision: a) This Decision does not apply to contract forms and general transaction conditions for supply of goods and services specified in Article of signed Decision nor apply to consumers before the effective date of this Decision b) If contract forms and/or general transaction conditions specified in Point a Clause of this Article are modified, business organizations and individuals shall carry out the registration procedures; this Decision applies to consumers only when the registration is completed according to regulations Article Implementation organization Ministries, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of central-affiliated cities and provinces and relevant organizations/individuals shall be responsible for implementing this Decision./ The Prime Minister Nguyen Tan Dung LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES FOR THE PURPOSES OF THE REGISTRATION OF MARKS (NICE CLASSIFICATION) TENTH EDITION PART I WITH LIST OF GOODS AND SERVICES IN ALPHABETICAL ORDER 2011 All rights reserved. No part of this publication may be reproduced in any form or by any means (electronically, mechanically, by photocopying, recording or otherwise) without the prior permission of the copyright owner. WIPO PUBLICATION No. 500.1E/10 ___________________________ ISBN 978-92-805-2023-1 (iii) CONTENTS Page Preface (v) List of Countries Party to the Nice Agreement (January 2011) (vii) Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (ix) Madrid Agreement Concerning the International Registration of Marks (extracts) (xix) Protocol Relating to the Madrid Agreement (extracts) (xxiii) Nice Classification: Guidance for the User 1 General Remarks 3 Class Headings 4 List of Classes, with Explanatory Notes: Goods 7 Services 26 Alphabetical List: Goods 35 Services 151 * * * (v) PREFACE HISTORY AND PURPOSE OF THE NICE CLASSIFICATION The International (Nice) Classification of Goods and Services for the Purposes of the Registration of Marks was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957, was revised at Stockholm, in 1967, and at Geneva, in 1977, and was amended in 1979. The countries party to the Nice Agreement constitute a Special Union within the framework of the Paris Union for the Protection of Industrial Property. They have adopted and apply the Nice Classification for the purposes of the registration of marks. Each of the countries party to the Nice Agreement is obliged to apply the Nice Classification in connection with the registration of marks, either as the principal classification or as a subsidiary classification, and has to include in the official documents and publications relating to its registrations of marks the numbers of the classes of the Classification to which the goods or services for which the marks are registered belong. Use of the Nice Classification is mandatory not only for the national registration of marks in countries party to the Nice Agreement, but also for the international registration of marks effected by the International Bureau of WIPO, under the Madrid Agreement Concerning the International Registration of Marks and under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and for the registration of marks by the African Intellectual Property Organization (OAPI), by the African Regional Intellectual Property Organization International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (London, July 1978) THE PARTIES TO THIS CONVENTION, DESIRING to promote safety of life and property at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers, CONSIDERING that this end may best be achieved by the conclusion of an International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, HAVE AGREED as follows: Article I General obligations under the Convention (1) The Parties undertake to give effect to the provisions of the Convention and the Annex thereto, which shall constitute an integral part of the Convention Every reference to the Convention constitutes at the same time a reference to the Annex (2) The Parties undertake to promulgate all laws, decrees, orders and regulations and to take all other steps which may be necessary to give the Convention full and complete effect, so as to ensure that, from the point of view of safety of life and property at sea and the protection of the marine environment, seafarers on board ships are qualified and fit for their duties Article II Definitions For the purpose of the Convention, unless expressly provided otherwise: (a) "Party" means a State for which the Convention has entered into force; (b) "Administration" means the Government of the Party whose flag the ship is entitled to fly; (c) "Certificate" means a valid document, by whatever name it may be known, issued by or under the authority of the Administration or recognized by the Administration authorizing the holder to serve as stated in this document or as authorized by national regulations; (d) "Certificated" means properly holding a certificate; (e) "Organization" means the Inter-Governmental Maritime Consultative Organization (IMCO); (f) "Secretary-General" means the Secretary-General of the Organization; (g) "Sea-going ship" means a ship other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; (h) "Fishing vessel" means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea; (i) "Radio Regulations" means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention which may be in force at any time Article III Application The Convention shall apply to seafarers serving on board sea-going ships entitled to fly the flag of a Party except to those serving on board: (a) warships, naval auxiliaries or other ships owned or operated by a State and engaged only on governmental non-commercial service; however, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that the persons serving on board such ships meet the requirements of the Convention so far as is reasonable and practicable; (b) fishing vessels; (c) pleasure yachts not engaged in trade; or (d) wooden ships of primitive build Article IV Communication of information (1) The Parties shall communicate as soon as practicable to the SecretaryGeneral: (a) the text of laws, decrees, orders, regulations and instruments promulgated on the various matters within the scope of the Convention; (b) full details, where appropriate, of contents and duration of study courses, together with their national examination and other requirements for each certificate issued in compliance with the Convention; (c) a sufficient number of specimen certificates issued in compliance with the Convention (2) The Secretary-General shall notify all Parties of the receipt of any communication under paragraph (1)(a) and, inter alia, for the purposes of Articles IX and X, shall, on request, provide them with any information communicated to him under The Role of Law in the Green Economy Challenges and Opportunities for the Liberalization of Environmental Goods and Services FABIANO DE ANDRADE CORREA The green economy is a concept developed by the United Nations Environment Programme (UNEP) aimed at fostering a transition to a new kind of economic growth for both developed and developing countries It involves the greening of eleven key sectors of the economy toward a less carbon-intensive and more resource-efficient development model It is thus considered one of the most important economic vehicles for sustainable development and a new paradigm that can drive growth of income and jobs with less stress put on the environment There are two important legal points related to the promotion of the green economy First, the lack of a binding definition of this concept raises criticism regarding its scope and objectives Second, law and regulation have an important role in promoting the implementation of these objectives, at both the national and international levels The liberalization of trade in environmental goods and services (EGS), for example, is important to the greening of the economy and to the expansion of cleaner technologies worldwide However, the lack of a legal definition of EGS, and of a binding timetable for their liberalization, hinders progress in this area This chapter provides a brief discussion of these issues, first commenting on the definition of the green economy and the role that trade plays in promoting it, then examining the legal challenges facing liberalization of EGS Considering the lack of progress of liberalization of EGS at the multilateral level, the chapter presents examples of forward-moving regional initiatives, such as among the Asia-Pacific Economic Cooperation (APEC) agreement parties and in trade agreements signed by the European Union (EU) Any statements of fact, opinion, or analysis expressed herein are entirely those of the author and are not a ributable to the International Development Law Organization Information contained in this chapter draws partly upon work included in Fabiano de Andrade Correa, “The Implementation of Sustainable Development in Regional Trade Agreements: A Case Study on the European Union and MERCOSUR,” Ph.D thesis defended at the European University Institute, Florence, Italy, in June 2013 147 148 The World Bank Legal Review The Concept of the Green Economy The green economy was conceived by UNEP as an economic model that would improve human well-being and social equity while also significantly reducing environmental risks and ecological scarcities: In its simplest expression, a green economy is low carbon, resource efficient, and socially inclusive In a green economy, growth in income and employment should be driven by public and private investments that reduce carbon emissions and pollution, enhance energy and resource efficiency, and prevent the loss of biodiversity and ecosystem services The key aim for a transition to a green economy is to eliminate the trade-offs between economic growth and investment and gains in environmental quality and social inclusiveness The main hypothesis is that the environmental and social goals of a green economy can also generate increases in income, growth, and enhanced well-being.1 The green economy agenda implies a departure from many accepted practices in key sectors of the economy, recognizing that “business as usual” economic practices cannot respond to global challenges such as climate change, loss of biodiversity, and the remaining worldwide inequality The UNEP green economy report thus proposes the greening of eleven key sectors of the economy: agriculture, fisheries, water, forests, energy, manufacturing, waste, buildings and construction, transportation, tourism, and cities It also proposes innovative solutions to challenges that are fundamentally linked to the manner in which economic development is framed and guided by policy makers The basic premise is that economic ... that are signed and effective before the effect date of this Decision: a) This Decision does not apply to contract forms and general transaction conditions for supply of goods and services specified... contract forms and/ or general transaction conditions to goods and services specified in Article of this Decision shall register according to laws on secure of rights of consumers Regarding contracts... in Article of signed Decision nor apply to consumers before the effective date of this Decision b) If contract forms and/ or general transaction conditions specified in Point a Clause of this Article