Article 4
Right to the Industrial Design
(1) Only designs deposited in the proper manner shall enjoy the benefits of this Annex.
(2) The ownership of a design shall vest in the person who created it or in his
successors in title, but in the absence of proof to the contrary the first applicant shall be
presumed to be the creator of the design.
Article 5
Acquisition of Rights by Foreigners
Foreigners shall enjoy the benefits of this Annex if they fulfill the conditions thereof.
Article 6
Designs Created by Employees
(1) Subject to the legal provisions governing contracts for performing a certain work
and employment contracts, and in the absence of contractual provisions to the contrary, the
right to the registration of an industrial design made under such a contract shall belong to the
person who commissioned the work or to the employer.
(2) The same provision shall apply when an employment contract does not require the
employee to exercise any creative activity, but where the employee has created the industrial
design using data or means available to him on account of his employment.
(3) In the circumstances provided for in paragraph (2) above, the employee who has
created the industrial design shall have a right to remuneration reflecting the importance of
the design created, which remuneration shall be fixed by the court in the absence of
agreement between the parties.
(4) The provisions of this Article shall likewise be applicable to employees of the State,
public associations and any other corporate entity under public law in the absence of specific
provisions to the contrary.
(5) Where the employer expressly renounces his right to the design, that right shall
belong to the creator.
(6) The provisions of paragraph (3) are a matter of public policy.
Article 7
Limitation of the Rights Conferred
The registered industrial design shall not be binding on third parties who, at the time of
filing of the application for registration, were already exploiting the said design on the
territory of one of the member States or had taken the necessary steps with a view to
exploiting it. The said third party shall be authorized to use the industrial design in his
business or his own workshops or in those of other persons. That right may only be
transferred with the business.