Subject to Article 64(5), any dispute between two or more Contracting
States concerning the interpretation or application of this Treaty or the
Regulations, not settled by negotiation, may, by any one of the States
concerned, be brought before the International Court of Justice by application in
conformity with the Statute of the Court, unless the States concerned agree on
some other method of settlement. The Contracting State bringing the dispute
before the Court shall inform the International Bureau; the International Bureau
shall bring the matter to the attention of the other Contracting States.
REVISION AND AMENDMENT
Revision of the Treaty
(1) This Treaty may be revised from time to time by a special conference of
the Contracting States.
(2) The convocation of any revision conference shall be decided by the
(3) Any intergovernmental organization appointed as International
Searching or Preliminary Examining Authority shall be admitted as observer to
any revision conference.
(4) Articles 53(5), (9) and (11), 54, 55(4) to (8), 56, and 57, may be
amended either by a revision conference or according to the provisions of
Amendment of Certain Provisions of the Treaty
(1)(a) Proposals for the amendment of Articles 53(5), (9) and (11), 54, 55(4)
to (8), 56, and 57, may be initiated by any State member of the Assembly, by the
Executive Committee, or by the Director General.
(b) Such proposals shall be communicated by the Director General to the
Contracting States at least six months in advance of their consideration by the
(2)(a) Amendments to the Articles referred to in paragraph (1) shall be
adopted by the Assembly.
(b) Adoption shall require three-fourths of the votes cast.
(3)(a) Any amendment to the Articles referred to in paragraph (1) shall
enter into force one month after written notifications of acceptance, effected in
accordance with their respective constitutional processes, have been received by
the Director General from three-fourths of the States members of the Assembly
at the time it adopted the amendment.
(b) Any amendment to the said Articles thus accepted shall bind all the
States which are members of the Assembly at the time the amendment enters
into force, provided that any amendment increasing the financial obligations of
the Contracting States shall bind only those States which have notified their
acceptance of such amendment.
(c) Any amendment accepted in accordance with the provisions of
subparagraph (a) shall bind all States which become members of the Assembly
after the date on which the amendment entered into force in accordance with the
provisions of subparagraph (a).
Becoming Party to the Treaty
(1) Any State member of the International Union for the Protection of
Industrial Property may become party to this Treaty by:
(i) signature followed by the deposit of an instrument of ratification, or
(ii) deposit of an instrument of accession.
(2) Instruments of ratification or accession shall be deposited with the
(3) The provisions of Article 24 of the Stockholm Act of the Paris
Convention for the Protection of Industrial Property shall apply to this Treaty.
(4) Paragraph (3) shall in no way be understood as implying the recognition
or tacit acceptance by a Contracting State of the factual situation concerning a territory to which this Treaty is made applicable by another Contracting State by
virtue of the said paragraph.
Entry into Force of the Treaty
(1)(a) Subject to the provisions of paragraph (3), this Treaty shall enter into
force three months after eight States have deposited their instruments of
ratification or accession, provided that at least four of those States each fulfill
any of the following conditions:
(i) the number of applications filed in the State has exceeded 40,000
according to the most recent annual statistics published by the International
(ii) the nationals or residents of the State have filed at least 1,000
applications in one foreign country according to the most recent annual
statistics published by the International Bureau,
(iii) the national Office of the State has received at least 10,000
applications from nationals or residents of foreign countries according to the
most recent annual statistics published by the International Bureau.
(b) For the purposes of this paragraph, the term “applications” does not
include applications for utility models.
(2) Subject to the provisions of paragraph (3), any State which does not
become party to this Treaty upon entry into force under paragraph (1) shall
become bound by this Treaty three months after the date on which such State
has deposited its instrument of ratification or accession.
(3) The provisions of Chapter II and the corresponding provisions of the
Regulations annexed to this Treaty shall become applicable, however, only on
the date on which three States each of which fulfill at least one of the three
requirements specified in paragraph (1) have become party to this Treaty
without declaring, as provided in Article 64(1), that they do not intend to be
bound by the provisions of Chapter II. That date shall not, however, be prior to
that of the initial entry into force under paragraph (1).
(1)(a) Any State may declare that it shall not be bound by the provisions of
(b) States making a declaration under subparagraph (a) shall not be
bound by the provisions of Chapter II and the corresponding provisions of the
(2)(a) Any State not having made a declaration under paragraph (1)(a) may
              
4 Editor’s Note: Information received by the International Bureau concerning
reservations made under Article 64(1) to (5) is published in the Gazette and on the WIPO
website at: www.wipo.int/pct/en/texts/reservations/res_incomp.pdf.