Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In the light of articles 52 to 55 of the Constitution ;
In view of Law No. 2006-244 of 2 March 2006 authorizing the ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs;
In light of Decree No. 53-192 of 14 March 1953, as amended Concerning the ratification and publication of international commitments entered into by France;
In light of Decree No. 60-454 of 4 May 1960 on the publication of the Madrid Agreement concerning the international registration of marks Factory or trade of 14 April 1891, revised in Brussels on 14 December 1899, in Washington on 2 June 1911, at The Hague on 6 November 1925, in London on 2 June 1934 and in Nice on 15 June 1957, and of the Nice Classification Agreement Of the goods and services to which the trade-marks of 15 June 1957 apply;
In light of Decree No. 75-908 of 2 October 1975 on the publication of the Stockholm Act of 14 July 1967 complementary to The Hague Agreement Concerning the International Deposit of Industrial Designs of November 6, 1925, revised in London on June 2, 1934 and at The Hague on November 28, 1960 and supplemented by the Additional Act of Monaco on November 18, 1961,
Decline:
The Geneva Act of the Hague Agreement Concerning the International Registration of Drawings And industrial models (together the Regulations and two joint declarations), adopted in Geneva on 2 July 1999, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
GENEVA ACT OF THE HAGUE AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF DESIGNS AND INDUSTRIAL MODELS
TABLE OF CONTENTS
Introductory Provisions
Article 1.
-Abbreviated Expressions.
Article 2.
-Other Protection Arising from the Laws of Contracting Parties and of Some international treaties.
Chapter I. -International Application and International Registration.
Article 3.
-Right to file an international application.
Article 4.
-Procedure for filing an international application.
Article 5.
-Contents of the application International.
Article 6.
-Priority.
Article 7.
-Designation Fees.
Article 8.
-Regulation.
Article 9.
-Filing Date of the International Application.
Article 10.
-International Registration, Date International registration, publication and confidential copies of the international registration.
Article 11.
-Adjournment of publication.
Article 12.
-Refusal.
Article 13.
-Special requirements for unity
Article 14.
-Effects of the International Registration.
Article 15.
-Invalidation.
Article 16.
-Recording of Changes and Other Registrations Relating to Records
Article 17.
-Initial period and renewal of the international registration and term of protection.
Article 18.
-Information relating to published international registrations.
Chapter II.
- Administrative provisions.
Article 19.
-Office common to several states.
Article 20.
-Membership of the Hague Union.
Article 21.
-Assembly.
Article 22.
-International Bureau.
Article 23.
- Finance.
Article 24.
-Regulations.
Chapter III.
-Revision and modification.
Article 25.
-Revision of this Act.
Article 26.
-Amendment of certain Articles by the Assembly.
Chapter IV.
- Final Clauses.
Article 27.
-Terms and conditions for becoming party to this Act.
Article 28.
-Effective Date of Ratifications and Accessions.
Article 29.
-Prohibition of Reservations.
Article 30.
-Declarations Made by Contracting Parties.
Article 31.
-Applicability of the 1934 and 1960 Acts.
Article 32.
-Denunciation of this Act.
Article 33.
-Languages of this Act; Signature.
Article 34.
-Depositary.
Preliminary Terms
Article 1
Abbreviated Expressions
For the purposes of this Act, you must hear:
i) " The Hague Agreement ", the Hague Agreement Concerning the International Deposit of Industrial Designs, now entitled The Hague Agreement Concerning the International Registration of Industrial Designs;
(ii)" This Act ", the Hague Agreement as it derives from this Act;
(iii)" Regulations ", the Regulations under this Act;
(iv)" Prescribed " And " Requirements ", respectively, prescribed by the Regulations and requirements of the Regulations;
v)" Paris Convention ", Paris Convention for the Protection of Industrial Property, signed at Paris on March 20, 1883, as revised and amended;
(vi)" International registration ", the international registration of an industrial design made under this Act;
(vii)" International application ", an application for international registration;
(viii)" International register ", the official collection, maintained by the International Bureau, of the data concerning international registrations whose registration is required or authorized by this Act or the Regulations, whichever is the Media on which this data is stored;
ix) " Person ", a natural person or a legal person;
x)" Applicant ", the person on whose behalf an international application is filed;
xi)" Holder ", the person on whose behalf an international registration is recorded in the International Register;
(xii)" Intergovernmental organization ", an intergovernmental organization fulfilling the requirements under Article 22 (1) (ii) to become party to this Act;
(xiii)" Contracting Party ", a State or an intergovernmental organization party to this Act;
(xiv)" Contracting Party of the applicant ", the Contracting Party or one of the Contracting Parties whose applicant derives its right to file an international application for the fact that it satisfies, in respect of that Contracting Party, at least one of the conditions Article 3; where the applicant may, under Article 3, be entitled to file an international application from more than one Contracting Party, " Applicant's Contracting Party " Which of those Contracting Parties is indicated as such in the international application;
(xv) " Territory of a Contracting Party ", where the Contracting Party is a State, the territory of that State and, where the Contracting Party is an intergovernmental organization, the territory on which the constituent treaty of that Contracting Party applies Intergovernmental organization;
xvi) " Office ", the body entrusted by a Contracting Party to grant protection to industrial designs in the territory of that Contracting Party;
(xvii)" Examining Office ", an Office which, ex officio, examines applications for the protection of industrial designs filed with it in order to determine, at least, whether those designs meet the novelty requirement ;
xviii) " Designation ", an application for an international registration to have effect in a Contracting Party; that term shall also apply to the recordal in the International Register of that application;
xix)" Designated Contracting Party " And " Designated Office ", respectively, the Contracting Party and the Office of the Contracting Party to which a designation applies;
xx)" 1934 Act ", the Act signed in London, June 2, 1934, of the Hague Agreement;
xxi)" 1960 Act ", the Act signed at The Hague, on November 28, 1960, of the Hague Agreement;
xxii)" Additional Act of 1961 ", the Act signed in Monaco on November 18, 1961, additional to the 1934 Act;
xxiii)" Complementary Act of 1967 ", Complementary Act signed at Stockholm, July 14, 1967, as amended, of the Hague Agreement;
xxiv)" Union ", the Hague Union established by the Hague Agreement of November 6, 1925 and maintained by the 1934 and 1960 Acts, the Additional Act of 1961, the Complementary Act of 1967 and this Act;
xxv)" Assembly ", the Assembly referred to in Article 21.1 (a) or any body replacing this Assembly;
xxvi)" Organization ", World Intellectual Property Organization;
(xxvii)" Director General ", the Director General of the Organization;
(xxviii)" International Bureau ", the International Bureau of the Organization;
xxix)" Instrument of ratification ", also instruments of acceptance or approval.
Article 2
Other protection arising from the laws of Contracting Parties
and certain international treaties
1. Laws of Contracting Parties and Certain International Treaties.
The provisions of this Agreement shall not affect the application of any broader protection that may be granted by the law of a Contracting Party and shall not affect In no way the protection granted to artistic works and works of art applied by international treaties and conventions on copyright or the protection accorded to industrial designs under the Agreement on Trade-Related Aspects of Intellectual Property Rights annexed to the Agreement Establishing the World Trade Organization.
2. Obligation to Comply with the Paris Convention.
Each Contracting Party complies with Provisions of the Paris Convention relating to industrial designs.
Article 3
Right to File an International Application
Is entitled to file an international application any national of a State which is a Contracting Party Or of a Member State of an intergovernmental organization which is a Contracting Party, or any person having his domicile, habitual residence or a real and effective industrial or commercial establishment in the territory of a Party Contracting.
Article 4
International Application Filing Procedure
1. Direct or indirect deposit:
(a) The international application may be filed, at the choice of the applicant, either directly with the International Bureau or through the Office of the applicant's Contracting Party;
(b) Notwithstanding the Subparagraph a, any Contracting Party may, in a declaration, notify the Director General that it cannot be filed for international applications through its Office.
2. Filing fee in case of filing
The Office of any Contracting Party may require that the applicant pay, for its own account, a transmittal fee for any international application filed by its intermediary.
Article 5
Contents International application
1. Mandatory Contents of the International Application:
The international application is in the prescribed language or one of the prescribed languages; must be included or attached to it:
(i) a request for international registration in accordance with This Act;
(ii) the prescribed data concerning the applicant;
(iii) the prescribed number of copies of a reproduction or, at the choice of the applicant, several different reproductions of the industrial design that are the subject of The international application, submitted in the prescribed manner; however, where it is an industrial design (two-dimensional) and a request for deferment of publication is made under paragraph 5, the international application may be Accompanied by the prescribed number of specimens of the design instead of containing reproductions;
(iv) an indication of the product (s) which constitute the industrial design or in relation to which the design is to be used, In the prescribed manner;
v) an indication of the designated Contracting Parties;
(vi) the prescribed fees;
(vii) any other prescribed indications.
2. Mandatory supplementary content of the international application:
(a) Any Contracting Party whose Office is an Examining Office and whose legislation, at the time when it becomes party to this Act, requires that an application for the protection of an industrial design contain one or more of the Elements specified in subparagraph (b) for the attribution, under this legislation, of a date of filing to that application may notify those elements to the Director General in a declaration;
(b) The elements which may be notified under the Sub-paragraph a are:
(i) indications concerning the identity of the creator of the industrial design that is the subject of the application;
(ii) a brief description of the reproduction or characteristic features of the design Industrial model that is the subject of the application;
(iii) a claim;
(c) Where the international application contains the designation of a Contracting Party that has made a notification under subparagraph a, it shall also contain, In the prescribed manner, any element that has been the subject of this notification.
3. Other possible contents of the international application.
The international application may contain or be accompanied by all other elements specified in the Regulations.
4. Several industrial designs in the same international application.
Subject to the prescribed conditions, an international application may contain several industrial designs.
5. Request for deferment of publication.
The international application may contain a request for deferment of publication.
Article 6
Priority
1. Priority Claim:
(a) The international application may contain a declaration claiming, under Article 4 of the Paris Convention, the priority of one or more earlier applications filed in a country party to that international application. Convention or for such a country, or in a member of the World Trade Organization or for such a member;
(b) The Regulations may provide that the declaration referred to in subparagraph (a) may be made after the filing of the application International. In such a case, the Regulations shall prescribe when, at the latest, that declaration may be made.
2. International application serving as the basis for a priority claim.
As from the filing date, the application International has the value of a regular deposit within the meaning of Article 4 of the Paris Convention, regardless of its subsequent fate.
Article 7
Designation Fees
1.
The prescribed fees include, subject to paragraph 2, a designation fee for each designated Contracting Party.
2. Individual designation fee.
Any Contracting Party whose Office is An Examining Office and any Contracting Party which is an intergovernmental organization may, in a declaration, notify the Director General that, in respect of any international application in which it is designated, and Renewal of any international registration resulting from such an international application, the prescribed designation fee referred to in paragraph 1 shall be replaced by an individual designation fee, the amount of which is indicated in the declaration and May be modified in subsequent declarations. This amount may be fixed by the said Contracting Party for the initial period of protection and for each renewal period or for the maximum period of protection authorized by that Contracting Party. However, it may not exceed the amount equivalent to that which the Office of the said Contracting Party would have the right to receive from the applicant for protection granted, for an equivalent period, to the same number of designs The amount in question is reduced by the amount of savings resulting from the international procedure.
3. Transfer of Designation Fees.
The designation fees referred to in paragraphs 1 and 2 shall be transferred by the International Bureau to the Contracting Parties in respect of which they have been paid.
Article 8
Throttle
1. Examination of the International Application.
If the International Bureau finds that the international application does not, at the time of receipt by the International Bureau, comply with the requirements of this Act and the Regulations, it shall invite the
) If the applicant does not comply with the invitation within the prescribed time limit, the international application shall, subject to subparagraph b, be deemed abandoned;
(b) In the case of an irregularity concerning Article 5.2 or a special requirement notified to the Director General by a Contracting Party in accordance with the Regulations, if the applicant does not comply with the invitation within the prescribed time limit, The international application is deemed not to contain the designation of that Contracting Party.
Article 9
Filing date of the international application
1. International application filed directly.
Where the international application is filed directly with the International Bureau, the filing date is, subject to paragraph 3, the date on which the International Bureau receives the application
2. Indirectly filed international application
Where the international application is filed through the Office of the applicant's Contracting Party, the filing date is determined in the prescribed manner.
3. International application with certain defects.
Where, on the date on which it is received by the International Bureau, the international application contains an irregularity which is prescribed as an irregularity entailing the postponement of The filing date of the international application, the filing date shall be the date on which the correction of that irregularity is received by the International Bureau.
Article 10
Registration International registration date, publication and confidential copies of the international registration
1. International Registration.
The International Bureau shall register each industrial design which is the subject of the international application as soon as it receives it or, where the applicant is invited to regularize the application under the Article 8, upon receipt of the elements necessary for the regularization. The registration shall be effected whether or not the publication is deferred under Article 11.
2. Date of the International Registration:
(a) Subject to subparagraph (b), the date of the international registration shall be the filing date of the International application.
(b) Where, on the date on which it is received by the International Bureau, the international application contains an irregularity concerning Article 5.2, the date of the international registration shall be the date on which the international application Correction of this irregularity is received by the International Bureau or, if the filing date of the international application is later than that date, the filing date of the international
. Publication:
(a) The international registration shall be published by the International Bureau. This publication shall be considered in all Contracting Parties as sufficient publicity, and no other advertising may be required of the holder;
(b) The International Bureau shall send a copy of the publication of the registration For each designated Office.
4. Maintenance of secrecy prior to publication.
Subject to paragraph 5 and Article 11.4 (b), the International Bureau shall keep each international application and international registration secret until publication.
5. Confidential copies:
(a) Immediately after the registration has been effected, the International Bureau shall send a copy of the international registration, together with any relevant declaration, document or specimen accompanying the International application, to each Office which has notified it of its wish to receive such a copy and which has been designated in the international application;
(b) Up to the publication of the international registration by the International Bureau, the Office Secret custody of any international registration of which a copy has been sent to it by the International Bureau and may use that copy only for the purposes of the examination of the international registration and of applications for protection of designs Industrial property filed in the Contracting Party for which it is competent or for that Contracting Party. In particular, it may not disclose the contents of such an international registration to any person outside its services other than the holder of that international registration, except for the purposes of administrative or judicial proceedings Concerning a conflict relating to the right to file the international application on which the international registration is based. In the case of such an administrative or judicial procedure, the contents of the international registration may only be disclosed in confidence to the parties involved in the proceedings, who are bound to respect the Confidentiality of disclosure.
Article 11
Adjournment of publication
1. Legislative provisions of Contracting Parties relating to deferment of publication:
(a) Where the law of a Contracting Party provides for the deferment of publication of an industrial design for a period Less than that prescribed, that Contracting Party shall notify the Director General, in a declaration, of the permitted period of deferment;
(b) Where the law of a Contracting Party does not provide for the adjournment of the Publication of an industrial design, that Contracting Party shall notify the Director General accordingly in a declaration.
2. Adjournment of the publication.
Where the international application contains a request for an adjournment of the Publication, publication occurs:
(i) if none of the Contracting Parties designated in the international application has made a declaration under paragraph 1, at the expiration of the prescribed period or,
(ii) if one of the Parties A Contracting Party designated in the international application has made a declaration under paragraph 1 a, at the expiration of the period that is notified in that declaration or, if several designated Contracting Parties have made such declarations, to The expiration of the shortest period that is notified in their declarations.
3. Processing of requests for deferment where deferment is not possible under applicable law.
Where deferment of publication has been requested and one of the Contracting Parties designated in the international application Has made, under paragraph 1 b, a declaration that deferment of publication is not possible under its law:
(i) Subject to item ii, the International Bureau shall notify the applicant accordingly; if, within the time limit The applicant does not, in writing, notify the International Bureau of the withdrawal of the designation of that Contracting Party, the International Bureau does not take into account the request for deferment of publication;
(ii) if, instead of Containing reproductions of the industrial design, the international application was accompanied by specimens of the industrial design, the International Bureau does not take into account the designation of that Contracting Party and notifies that Fact to the applicant.
4. Request for early publication or special authorization of access to the international registration:
(a) During the period of deferment applicable under paragraph (2), the holder may, at any time, request publication Of one, several or all of the industrial designs which are the subject of the international registration; in such case, the period of deferment for that industrial design shall be deemed to have expired on the date of The receipt of such request by the International Bureau;
(b) During the period of deferment applicable under paragraph (2), the holder may also, at any time, request the International Bureau to furnish to a third party that he has designated a Extract from one, several or all of the industrial designs which are the subject of the international registration, or to allow access to that industrial design or designs.
5. Waiver and Limitation:
(a) If, at any time during the period of deferment applicable under paragraph (2), the holder renounces the international registration in respect of all the designated Contracting Parties, the Industrial designs that are the subject of the international registration are not published;
(b) If, at any time during the period of deferment applicable under paragraph (2), the holder limits the international registration, to In respect of all the designated Contracting Parties, to one or more of the industrial designs subject to the international registration, the other industrial designs that are the subject of the registration International is not published.
6. Publication and supply of reproductions:
(a) At the expiration of any period of deferment applicable under the provisions of this Article, the International Bureau shall publish the international registration subject to the payment of the fees Prescribed. If these fees are not paid in the prescribed manner, the international registration is cancelled and the publication is not made;
(b) Where the international application was accompanied by one or more specimens of the industrial design in Application of Article 5.1 -iii, the holder shall, within the prescribed time limit, furnish to the International Bureau the prescribed number of copies of a reproduction of each industrial design that is the subject of that application. To the extent that the holder does not, the international registration is canceled and the publication is not made.
Article 12
Refusal
1. Right to refuse.
The Office of a designated Contracting Party may, where the conditions under which the law of that Contracting Party suborders the protection, are not met in respect of one, several or all of the Industrial designs which are the subject of an international registration, refuse, in part or in whole, the effects of the international registration in the territory of the said Contracting Party; however, no Office shall refuse, Partly or wholly, the effects of an international registration on the ground that the international application does not satisfy, in respect of its form or contents, under the law of the Contracting Party concerned, to requirements which are
2. Notification of Refusal:
(a) The refusal of the effects of an international registration shall be communicated within the time limit prescribed by the Office The International Bureau in a notification of refusal;
(b) Any notification of refusal indicates all the grounds on which the refusal is based.
3. Transmittal of the notification of refusal; means of appeal:
(a) The International Bureau shall, without delay, transmit to the holder a copy of the notification of refusal;
(b) The holder has the same means of appeal as if a design Industrial which is the subject of the international registration had been the subject of an application for protection under the law applicable to the Office which communicated the refusal. Such remedies shall include at least the possibility of a review or review of the refusal or an appeal against refusal.
4. Withdrawal of Refusal.
Any refusal may be withdrawn, in part or in full, at all times by the Office that communicated it.
Article 13
Special Requirements for the Design Unit
1. Notification of special requirements.
Any Contracting Party whose legislation, at the time when it becomes party to this Act, requires that the designs that are the subject of the same application comply with a rule of unity of Design, unit of production or unit of use or belong to the same set of articles or to the same composition of articles, or that a single independent design can be claimed in the same application, may notify This requirement to the Director General in a statement. However, such a declaration does not affect the applicant's right of an international application, even if it designates the Contracting Party that made that declaration, to include several industrial designs in that application According to Article 5.4.
2. Effect of the declaration.
This declaration allows the Office of the Contracting Party which has made it to refuse the effects of the international registration in accordance with Article 12.1 until it is Satisfies the requirement notified by that Contracting Party.
3. Additional fees due in case of division of a registration.
If, as a result of a notification of refusal under paragraph 2, an international registration is divided with the Office concerned to remedy a given ground for refusal In the notification, that Office has the right to collect a fee for each additional international application that would have been necessary in order to avoid this ground of refusal.
Article 14
Effects of the registration International
1. Effects identical to those of an application under the applicable law.
From the date of the international registration, the international registration produced in each designated Contracting Party at least the same effects as an application Regularly filed for the purpose of obtaining protection of the industrial design under the law of that Contracting Party.
2. Effects identical to the grant of protection under the applicable law:
(a) In each designated Contracting Party whose Office has not communicated a refusal in accordance with Article 11, the international registration produces the same effect as the grant of protection of the industrial design under the law Of that Contracting Party, not later than the date of expiration of the time limit during which it may disclose a refusal or, where a Contracting Party has made a declaration in that regard under the Regulations, no later than Time specified in this declaration;
(b) Where the Office of a designated Contracting Party has communicated a refusal and subsequently withdrew that refusal, in part or in whole, the international registration produced in that Party Contracting Party, to the extent that the refusal is withdrawn, the same effects as the grant of protection of the industrial design under the law of the said Contracting Party, not later than the date on which the refusal was withdrawn ;
(c) The effects conferred on the international registration under this paragraph shall apply to industrial designs which are the subject of that registration as received by the International Bureau by the designated Office or, Where applicable, as amended during the procedure before that Office.
3. Declaration concerning the effect of the designation of the applicant's Contracting Party:
(a) Any Contracting Party whose Office is an Examining Office may, in a declaration, notify the Director General that, in the event that That Contracting Party is that of the applicant, the designation of that Contracting Party in an international registration is without effect;
(b) Where a Contracting Party which has made the declaration referred to in subparagraph a is indicated in International application as both the applicant's Contracting Party and a designated Contracting Party, the International Bureau does not take into account the designation of that Contracting Party.
Article 15
Invalidation
1. Possibility for the holder to assert his rights.
The partial or total invalidation, by the competent authorities of a designated Contracting Party, of the effects of the international registration on the territory of that Party Contracting Party may not be pronounced without the holder having been able to assert his rights in due time.
2. Notification of the invalidation.
The Office of the Contracting Party in whose territory the effects of The international registration has been invalidated notifies the invalidation, where it becomes aware of it, to the International Bureau.
Article 16
Registration of changes and other entries
concerning the International records
1. Recording of Amendments and Other Registrations.
The International Bureau shall record in the International Register, in the prescribed manner:
(i) any change in the holder of the international registration in respect of one, more or more All of the designated Contracting Parties and in respect of one, several or all of the industrial designs which are the subject of the international registration, provided that the new owner has the right to file a International application under Article 3;
(ii) any change in the name or address of the holder;
(iii) the appointment of an agent of the applicant or holder and any other relevant data concerning that representative;
(iv) Any renunciation by the holder of the international registration in respect of one, several or all of the designated Contracting Parties;
(v) any limitation of the international registration to one or more of the drawings or Industrial models which are the subject of such models by the holder in respect of one, several or all of the designated Contracting Parties;
(vi) any invalidation by the competent authorities of a designated Contracting Party, on the The territory of that Contracting Party, the effects of the international registration in respect of one, several or all of the industrial designs that are the subject of that registration;
(vii) any other relevant data, As indicated in the Regulations, concerning the rights in one, several or all of the industrial designs subject to the international registration.
2. Effects of the entry in the International
. Entry referred to in items i, ii, iv, v, vi and vii of paragraph 1 produces the same effects as if it had been made in the register of the Office of each Contracting Party concerned, except that a Contracting Party may, in a Declaration, notify the Director General that a registration referred to in item i of paragraph 1 does not produce such effects in that Contracting Party as long as the Office of that Contracting Party has not received the declarations or documents Specified in the above statement.
3. Fees.
Any entry made under paragraph 1 may result in the payment of a fee.
4. Publication.
The International Bureau shall publish a notice concerning any entries made under paragraph 1. II shall send a copy of the publication of the notice to the Office of each of the Contracting Parties concerned.
Article 17
Initial and renewal of the
registration and the duration of the international registration Protection
1. The
registration is effected for an initial period of five years from the date of the international registration.
2. Renewal of the registration
The international registration may be renewed for additional periods of five years in accordance with the prescribed procedure and subject to the payment of the prescribed fees.
3. Term of Protection in Designated Contracting Parties:
(a) Provided that the international registration is renewed and subject to subparagraph (b), the term of protection in each designated Contracting Party shall be fifteen Years from the date of the international registration;
(b) Where the law of a designated Contracting Party provides for a term of protection of more than fifteen years for an industrial design to which protection has been granted Under that legislation, the term of protection is, provided that the international registration is renewed, the same as that provided for by the law of that Contracting Party;
(c) Each Contracting Party shall notify the Director General, in a statement, the maximum term of protection provided for in its legislation.
4. Possibility of limited renewal.
Renewal of the international registration may be effected for one, several or all of the designated Contracting Parties and for one, several or all of the designs Industrial property subject to international registration.
5. Registration and Publication of Renewal.
The International Bureau records renewals in the International Register and publishes an opinion on the renewal. It shall send a copy of the publication of the notice to the Office of each Contracting Party concerned.
Article 18
Information on published international
records
1. Access to Information.
The International Bureau shall provide to any person who so requests, subject to payment of the prescribed fee, extracts from the International Register, or information on the contents of the International Register, for that purpose. For any published international registration.
2. Legalization Dispensation.
Extracts from the International Register provided by the International Bureau are exempt from any requirement of legalization in each Contracting Party.
Article 19
Office Common to Multiple States
1. Notification of a Common Office.
If several States intending to become party to this Act have achieved, or if several States party to this Act agree to carry out, the unification of their national laws on Industrial designs, they may notify the Director General:
(i) that a common Office will replace the national office of each of them, and
(ii) all of their respective territories to which the unified law applies Shall be considered as a single Contracting Party for the purposes of Articles 1, 3 to 18 and 31 of this Act.
2. Time at which the notification is to be made.
The notification referred to in paragraph 1 shall be made:
i) States intending to become party to this Act, at the time of deposit of the instruments referred to in Article 27.2;
(ii) as regards States party to this Act, at any time after the unification of their national laws.
3. Effective date of the notification.
The notification referred to in paragraphs 1 and 2 shall take effect:
(i) in the case of States intending to become party to this Act, at the time when those States become bound by this Act;
(ii) in the case of States party to this Act, three months after the date of the communication by the Director General to the other Contracting Parties or at any later date indicated in the notification.
Article 20
Membership of the Hague Union
Contracting Parties are members of the same Union as the States party to the 1934 Act or the 1960 Act.
Article 21
Assembly
1. Composition:
(a) Contracting Parties are members of the same Assembly as States bound by Article 2 of the Complementary Act of 1967;
(b) Each member of the Assembly shall be represented by a delegate, who may be assisted by Alternates, advisers and experts, and each delegate may represent only one Contracting Party;
(c) Members of the Union who are not members of the Assembly shall be admitted to Assembly meetings as observers.
2. Functions.
(a) The Assembly:
(i) shall deal with all matters concerning the maintenance and development of the Union and the application of this Act;
(ii) shall exercise the rights specially conferred upon it and perform the tasks Which are specifically assigned to it under this Act or the Complementary Act of 1967;
(iii) gives the Director General guidelines for the preparation of revision conferences and decides on the convening of such conferences ;
(iv) modifies the Regulations;
(v) reviews and approves the reports and activities of the Director General relating to the Union and gives it all relevant instructions concerning matters falling within the competence of the Union;
(vi) adopt the programme, adopt the Union's biennial budget and approve its closing accounts;
(vii) adopt the financial regulations of the Union;
(viii) establish the committees and working groups that it considers relevant in order to achieve the Objectives of the Union;
(ix) subject to paragraph 1 (c), decide which States, intergovernmental organizations and non-governmental organizations shall be admitted to its meetings as observers;
x) undertakes any other action In order to attain the objectives of the Union and perform all other useful functions in the context of this Act;
(b) On matters which are also of interest to other Unions administered by the Organization, the Assembly shall act After considering the advice of the Coordinating Committee of the Organization.
3. Quorum:
(a) One-half of the members of the Assembly who are States and have the right to vote on a particular question shall constitute a quorum for the purpose of voting on this question;
(b) Notwithstanding the provisions of subparagraph (a), if Session, the number of members of the Assembly who are States, who have the right to vote on a given matter and who are represented is less than half but equal to or greater than one-third of the members of the Assembly which are States and who have The right to vote on this question, the Assembly may take decisions; however, the decisions of the Assembly, with the exception of those concerning its procedure, shall become enforceable only where the conditions set out below are Filled. The International Bureau shall communicate the said decisions to those members of the Assembly who are States, who have the right to vote on the said question and who were not represented, by inviting them to express in writing, within three months to From the date of the communication, their vote or abstention. If, at the end of that period, the number of such members having thus expressed their vote or abstention is at least equal to the number of members that was not present for the quorum to be reached at the session, such decisions shall become Executory, provided that at the same time the necessary majority remains acquired.
4. Taking decisions in the Assembly:
(a) The Assembly shall endeavour to make its decisions by consensus;
(b) Where it is not possible to reach a decision by consensus, the decision on the matter shall be put to the vote. In this case,
(i) each Contracting Party that is a State has one vote and only votes in its own name, and
(ii) any Contracting Party that is an intergovernmental organization may participate in the vote in place of its Member States, with a number of votes equal to the number of its member States which are party to this Act; no intergovernmental organization shall participate in the vote if one of its member States exercises its right to vote, and vice versa;
(c) On Questions which concern only States bound by Article 2 of the Complementary Act of 1967, Contracting Parties which are not bound by that Article shall not have the right to vote, whereas, on matters which concern only the Contracting Parties, only the latter have the right to vote.
5. Majorities:
(a) Subject to sections 24.2 and 26.2, decisions of the Assembly shall be taken by a two-thirds majority of the votes cast;
(b) Abstentions shall not be considered to be a
. Sessions:
a) The Assembly shall meet once every two years in ordinary session upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same places as the General Assembly of the Organization;
(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, the Director General acting either at the request of one-fourth of the members of the Assembly, or on its own initiative;
(c) The agenda of each session shall be Prepared by the Director General.
7. Rules of Procedure.
The Assembly adopts its own rules of procedure.
Article 22
International Bureau
1. Administrative functions:
(a) The international registration and related tasks and other administrative tasks concerning the Union shall be provided by the International Bureau;
(b) In particular, the International Bureau shall prepare Meetings and the Secretariat of the Assembly and the committees of experts and working groups it may create.
2. Director General.
The Director General is the Union's highest official and represents it.
3. Meetings other than sessions of the Assembly.
The Director General shall convene any committee or working group established by the Assembly and any other meeting dealing with matters of concern to the
. Role of the International Bureau in the Assembly and other meetings:
(a) The Director General and the persons designated by the Director General shall take part, without the right to vote, at all meetings of the Assembly and of the committees and groups of Work created by the Assembly and any other meeting convened by the Director General under the auspices of the Union;
(b) The Director General or a staff member designated by the Director General shall be ex officio secretary of the Assembly Committees, working groups and other meetings referred to in subparagraph a.
5. Conferences:
(a) The International Bureau, as directed by the Assembly, prepares revision conferences;
(b) The International Bureau may consult with intergovernmental organizations and non-governmental organizations. International and national governments on the preparation of such conferences;
(c) The Director General and the persons designated by the Director General shall participate, without the right to vote, in the deliberations of the conferences of revision
6. Other functions.
The International Bureau performs all other tasks assigned to it in relation to this Act.
Article 23
Finance
1. Budget:
(a) The Union shall have a budget;
(b) The budget of the Union shall include the revenue and expenditure specific to the Union and its contribution to the budget of the expenses common to the Unions administered by the Organization;
(c) shall be considered as Expenses which are not allocated exclusively to the Union but also to one or more other Unions administered by the Organization. The share of the Union in these common expenses shall be proportionate to the interest that these expenses show for it.
2. Coordination with the budgets of other unions.
The Union budget shall be adopted in the light of the coordination requirements With the budgets of other Unions administered by the Organization.
3. Sources of Budget Financing.
The Union's budget is financed by the following resources:
i) fees for international registrations;
ii) amounts due for other services rendered by the Office
iii) proceeds from the sale of the publications of the International Bureau concerning the Union and the rights relating to such publications;
(iv) gifts, bequests and subsidies;
v) rents, interest and Other miscellaneous income.
4. Fixing of Fees and Charges; Amount of Budget:
(a) The amount of the fees referred to in paragraph 3-i shall be fixed by the Assembly on the proposal of the Director General. The amounts due referred to in paragraph 3 (ii) shall be fixed by the Director General and shall be provisionally applicable until such time as the Assembly decides at its next session;
(b) The amount of the fees referred to in paragraph 3-i shall be fixed in such a way that The Union's revenue from taxes and other sources of income shall at least cover all expenditure of the International Bureau of interest to the Union;
(c) Where the budget is not adopted before the beginning of a new Year, the budget for the previous year shall be renewed in accordance with the rules laid down in the Financial
. Working capital.
The Union shall have a working capital fund consisting of surplus income and, if these surpluses are not sufficient, by a single payment made by each member of the Union. If the fund becomes insufficient, the Assembly decides on its increase. The proportion and terms of payment shall be adopted by the Assembly on the proposal of the Director
. Advances granted by the host State:
(a) The headquarters agreement concluded with the State in whose territory the Organization has its headquarters provides that, if the working capital fund is insufficient, that State shall grant advances. The amount of such advances and the conditions under which they are granted shall be the subject, in each case, of separate agreements between the State in question and the Organization;
(b) The State referred to in subparagraph (a) and the Organization shall each have the right to Denounce the undertaking to grant advances by written notification. Denunciation shall take effect three years after the end of the year in which it was notified.
7. Verification of accounts.
Account verification shall be carried out, in accordance with the arrangements laid down in the Financial Regulation, by one or more Member States of the Union or by external auditors, who are, with their consent, designated by The Assembly.
Article 24
Regulations
1. Purpose.
The Regulations govern the manner in which this Act is to be applied. In particular, it shall include provisions relating to:
(i) matters which, under this Act, are to be prescribed;
(ii) to points of detail intended to supplement the provisions of this Act or to all Useful details for their application;
(iii) any administrative requirements, questions or procedures.
2. Amendment of certain provisions of the Regulations:
(a) The Regulations may specify that Its provisions may be amended only by unanimity or only by a majority of four fifths;
(b) For the requirement of unanimity or a four-fifths majority not to apply in the future to the amendment of a Provision of the Regulations, unanimity is required;
(c) For the requirement of unanimity or a four-fifths majority to apply in the future to the amendment of a provision of the Regulations, a majority of the four Fifth is required.
3. Divergence between this Act and the Regulations.
In the event of any discrepancy between the provisions of this Act and those of the Regulations, the first shall prevail
Article 25
Revision of this Act
1. Revision Conferences.
This Act may be revised by a Conference of Contracting Parties.
2. Revision or Amendment of Certain Articles.
Articles 21, 22, 23 and 26 may be amended either by a conference of By the Assembly in accordance with the provisions of Article 26.
Article 26
Amendment of certain Articles by the Assembly
1. Proposals for Amendment:
(a) Proposals for the amendment of Articles 21, 22, 23 and this Article by the Assembly may be submitted by any Contracting Party or by the Director General;
(b) These proposals shall be Communicated by the Director General to the Contracting Parties at least six months before being submitted to the Assembly for
. Majorities.
The adoption of any amendment to the Articles referred to in paragraph 1 requires a three-fourths majority; however, any amendment to Article 21 or this paragraph requires a four-fifths majority.
3. Entry into force:
(a) Except where subparagraph (b) applies, any amendment to the Articles referred to in paragraph 1 shall enter into force one month after the Director General has received, from three-fourths of the Contracting Parties that were Members of the Assembly at the time when the amendment was adopted and which were entitled to vote on that amendment, written notifications of the acceptance of that amendment in accordance with their constitutional rules
b) An amendment to Article 21.3 or 4 or this subparagraph shall not enter into force if, within six months of its adoption by the Assembly, a Contracting Party notifies the Director General that it does not accept that Modification;
(c) Any amendment which enters into force in accordance with the provisions of this paragraph shall be binding on all States and intergovernmental organizations which are Contracting Parties at the time when the amendment enters into force Or become effective at a later date
Item 27
Terms and Conditions
to become party to this Act
1.
Subject to paragraphs 2 and 3 and Article 8:
(i) any Member State of the Organization may sign this Act and become party to this Act;
(ii) any intergovernmental organization that manages an Office To which the protection of industrial designs may be obtained with effect in the territory where the constituent treaty of the intergovernmental organization applies may sign this Act and become party to this Act, subject to the That at least one of the member States of the intergovernmental organization is a member of the Organization and that this Office has not been notified under Article 19.
2. Ratification or accession.
Any State or Organization
i) an instrument of ratification if it has signed this Act, or
ii) an instrument of accession if it has not signed this Act.
3. Effective Date of Deposit:
(a) Subject to subparagraphs (b) to (d), the effective date of the deposit of an instrument of ratification or accession shall be the date on which that instrument is deposited;
(b) The effective date of the deposit of The instrument of ratification or accession of any State for which the protection of industrial designs may be obtained only through the intermediary of the Office managed by an intergovernmental organization of which that State is a member is The date on which the instrument of that intergovernmental organization is deposited if that date is later than the date on which the instrument of that State was deposited;
(c) The effective date of the deposit of any instrument of ratification or Accession which contains the notification referred to in Article 19 or is accompanied by the date on which the last of the instruments of the Member States of the group of States having made such notification is deposited;
(d) Any instrument of ratification or The accession of a State may contain a declaration, or be accompanied by a declaration, according to which it is to be considered as filed only if the instrument of another State or intergovernmental organization, or those of two others States, or those of another State and an intergovernmental organization, whose names are specified and which fulfil the necessary conditions for becoming parties to this Act, shall also be deposited. The instrument containing such a declaration or accompanied by such a declaration shall be considered to have been deposited on the day on which the condition indicated in the declaration is fulfilled. However, where an instrument indicated in the declaration itself contains a declaration of the same type or is itself accompanied by a declaration of the same type, that instrument shall be considered to be deposited on the day on which the condition indicated in that declaration Final declaration completed;
e) Any declaration made under subparagraph d may, at any time, be withdrawn, in whole or in part. The withdrawal shall take effect on the date on which the notification of withdrawal is received by the Director General.
Article 28
Effective date of ratifications and accessions
1. Instruments to be considered.
For the purposes of this Article, only instruments of ratification or accession which are deposited by States or intergovernmental organizations referred to in Article 27-1 shall be taken into account. Which the conditions of Article 27-3, governing the effective date, are fulfilled.
2. Entry into force of this Act.
This Act shall enter into force three months after six States have deposited their instruments of ratification or Provided that, according to the latest annual statistics compiled by the International Bureau, at least three of these States meet at least one of the following conditions:
(i) at least 3 000 applications for protection of Industrial designs have been filed in the State concerned or for that State, or
(ii) at least 1,000 applications for the protection of industrial designs have been filed in or for the State concerned by residents of States Other than this state.
3. Entry into Force of Ratifications and Accessions:
(a) Any State or intergovernmental organization which has deposited its instrument of ratification or accession at least three months before the entry into force of this Act shall become bound by The date of its entry into force;
(b) Any other State or intergovernmental organization becomes bound by this Act three months after the date on which it deposited its instrument of ratification or accession or on any date Specified in this instrument.
Article 29
Prohibition of Reservations
No reservation may be made in respect of this Act.
Article 30
Declarations Made by Contracting Parties
1. Time at which statements may be made:
Any declaration under sections 4.1 -b, 5.2 -a, 7.2, 11.1, 13.1, 14.3, 16.2 or 17.3-c may be made:
i) at the time of deposit of an instrument referred to in section 27.2, in which case it shall Effect on the date on which the State or intergovernmental organization having made the declaration becomes bound by this Act, or
(ii) after the deposit of an instrument referred to in Article 27.2, in which case it takes effect three months after the date of Receipt by the Director General or at any later date indicated therein, but shall apply only to international registrations whose date is the same or later than the date on which it took effect.
2. Statements by States
Notwithstanding paragraph 1, any declaration referred to in that paragraph which has been made by a State having, at the same time as one or more other States, notified to the Director General, under Article 19.1, the substitution of a Office common to their national offices takes effect only if that other State or other States make a corresponding declaration.
3. Withdrawal of Declarations.
Any declaration referred to in paragraph 1 may be withdrawn at any time by notification addressed to the Director General. Such withdrawal shall take effect three months after the date of receipt of the notification by the Director General or at any later date indicated in the notification. In the case of a declaration under Article 7.2, the withdrawal shall not affect international applications filed before the withdrawal is effective.
Article 31
Applicability of the 1934 and the 1960 Acts
1. Relations between the States Parties to this Act and the 1934 Act or the 1960 Act:
Only this Act binds, in their mutual relations, the States party to both this Act and the 1934 Act or the 1960 Act. However, those States are obliged to apply, in their mutual relations, the provisions of the 1934 Act or those of the 1960 Act, as the case may be, to designs deposited with the International Bureau prior to the date of Which this Act binds them in their mutual relations.
2. Relations between the States Parties to this Act and the 1934 Act or the 1960 Act and the States party to the 1934 Act or the 1960 Act which are not party to the Act:
(a) Any State party to both this Act and the 1934 Act shall be required to apply the provisions of the 1934 Act in its relations with States which are party to the 1934 Act without being party to the 1934 Act 1960 or this Act;
(b) Any State party to both this Act and the 1960 Act shall be required to apply the provisions of the 1960 Act in its relations with the States which are party to the 1960 Act without being at the same time party to the Act.
Article 32
Denunciation of this Act
1. Notification.
Any Contracting Party may denounce this Act by notification addressed to the Director General.
2. Taking effect.
Denunciation shall take effect one year after the date on which the Director General has received the notification Or at any later date indicated in the notification. It shall not affect the application of this Act to international applications which are pending and to international registrations which are in force, in respect of the Contracting Party concerned, at the time of taking effect of Denunciation.
Article 33
Languages of this Act; signature
1. Original texts; official texts:
(a) This Act shall be signed in a single original in the English, French, Arabic, Chinese, Spanish and Russian languages, all texts being equally authentic;
(b) Official texts shall be established By the Director General, after consultation with the governments concerned, in the other languages which the Assembly may indicate.
2. Time limit for signature.
This Act shall remain open for signature at the headquarters of the Organization for one year After its adoption.
Article 34
Depositary
The Director General is the depositary of this Act.
Done at Geneva, July 2, 1999.
FRENCH STATEMENTS
Article 4.1 (b) Declaration:
" International applications for designs may not be filed through the INPI. "
Section 17.3 (c) Declaration:
" The maximum term of protection provided for in French legislation is twenty-five years. "
REGULATIONS UNDER THE GENEVA ACT OF THE HAGUE AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
TABLE OF CONTENTS
Chapter I. -General provisions.
Rule 1.
Definitions.
Rule 2.
-Communications with the International Bureau.
Rule 3.
-Representation Before the International Bureau.
Rule 4.
-Calculation of Time Limits.
Rule 5.
- Disturbances in the postal service and mail delivery companies.
Rule 6.
-Languages.
Chapter II. -
International Application and International Registration.
Rule 7. -
Requirements Concerning the International Application.
Rule 8. -
Special requirements for the applicant.
Rule 9. -
Reproductions of the industrial design.
Rule 10. -
Specimens of the industrial design in case of request for deferment of publication.
Rule 11. -
Identity of Creator; Description; Claim.
Rule 12. -
Fees Concerning the International Application.
Rule 13. -
International application filed through an Office.
Rule 14. -
Examination by the International Bureau.
Rule 15. -
Registration of the Industrial Design in the International Register.
Rule 16. -
Adjournment of publication.
Rule 17. -
Publication of the international registration.
Chapter III.
-Refusal and invalidations.
Rule 18. -
Notification of Refusal.
Rule 19. -
Irregular Refusals.
Rule 20. -
Invalidation in the designated Contracting Parties.
Chapter IV.
-Amendments and Corrections.
Rule 21. -
Recording a change.
Rule 22. -
Rectifications in the International Register.
Chapter V.
-Renewals.
Rule 23. -
Unofficial notice of expiry.
Rule 24. -
Details Concerning Renewal.
Rule 25. -
Registration of Renewal; Certificate.
Chapter VI.
-Bulletin.
Rule 26. -
Bulletin.
Chapter VII.
-Taxes.
Rule 27. -
Amounts and Payment of Taxes.
Rule 28. -
Currency of payment.
Rule 29. -
Recording the amount of the fees to the credit of the Contracting Parties concerned.
Chapter VIII.
-Miscellaneous provisions.
Rule 30. -
Changes to certain rules.
Rule 31. -
Administrative Instructions.
Rule 32. -
Declarations made by Contracting Parties
Rule 1
Definitions
1." Act " And references to the Act:
(a) For the purposes of these Regulations, " Act " The Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted at Geneva on July 2, 1999;
(b) In this Regulations, the word " Item "
2. Abbreviated Expressions.
For the purposes of these Regulations:
(i) an expression defined in Article 1 has the same meaning as in the Act;
(ii) " Administrative instructions " "Means the Administrative Instructions referred to in Rule 31;
iii)" Communication " Means any international application or any request, declaration, invitation, notification or information relating to or attached to an international application or an international registration addressed to the Office of a Contracting Party, The International Bureau, the applicant or the holder by any means authorized by these Regulations or the Administrative Instructions;
iv) " Official form " Means a form established by the International Bureau or any form having the same content and presentation;
(v) " International classification " Means the classification established under the Locarno Agreement Establishing an International Classification for Industrial Designs;
(vi) " Prescribed fee " Means the applicable fee indicated in the Schedule of Fees;
(vii) " Bulletin " Means the periodical bulletin in which the International Bureau makes the publications provided for in the Act or in these Regulations, regardless of the medium used.
Rule 2
Communications with the International Bureau
Communications to the International Bureau shall be made in accordance with the procedures specified in the Administrative Instructions.
Rule 3
Representation Before the International Bureau
1. Agent; number of agents:
(a) The applicant or holder may appoint a representative to the International Bureau;
(b) Only one representative may be appointed for a given international application or registration Given international. Where more than one representative is indicated in the act of incorporation, only that which is indicated in the first place is considered to be an agent and registered as such;
(c) Where a law firm or an office of attorneys, or patent attorneys or Mark, has been indicated to the International Bureau as an agent, it is considered to be a single representative.
2. Appointment of representative:
(a) The appointment of a representative may be made in the international application, provided that the Request be signed by the applicant;
(b) The appointment of a representative may also be made in a separate communication which may relate to one or more specified international applications or to one or more registrations Of the same applicant or holder. This communication shall be signed by the applicant or holder;
(c) Where the International Bureau considers that the appointment of a representative is irregular, it shall notify the applicant or holder and the purported representative.
3. Registration and Notification of Appointment of Representative; Date of Effect of Appointment of Representative:
(a) Where the International Bureau finds that the appointment of an agent complies with the applicable requirements, it shall International Register the fact that the applicant or holder has a representative, as well as the name and address of the representative. In such case, the effective date of the appointment of a representative shall be the date on which the International Bureau received the international application or the separate communication in which the representative is appointed;
(b) The Office Notification of the entry referred to in the subparagraph shall have both the applicant or holder and the representative.
4. Effect of Appointment of Representative:
(a) Except as otherwise expressly provided in these Regulations, the signature of a representative recorded under paragraph 3 (a) shall replace the signature of the applicant or holder;
(b) Except where Present Regulations expressly require that a communication be addressed to both the applicant or the holder and the representative, the International Bureau shall address to the representative entered under paragraph 3 a communication which, in the absence of such communication, Representative, should be addressed to the applicant or holder; any communication so addressed to the representative shall have the same effect as if it had been addressed to the applicant or holder;
(c) Any communication addressed to the Office Paragraph 3 (a) has the same effect as if it had been addressed to it by the applicant or holder.
5. Cancellation of registration; effective date of cancellation:
(a) Any entry made under paragraph 3 (a) shall be cancelled where the cancellation is requested by means of a communication signed by the applicant, the holder or the representative. The entry shall be cancelled ex officio by the International Bureau either where a new representative is appointed or where a change in ownership is recorded and the new holder of the international registration has not established Representative;
(b) The cancellation shall take effect on the date on which the International Bureau receives the corresponding communication;
(c) The International Bureau shall notify the cancellation and the date on which it takes effect to the representative of which The registration has been written off and the applicant or owner.
Rule 4
Calculating Time Limits
1. Time limits expressed in years.
Any time period expressed in years shall expire in the subsequent year to be taken into consideration, the month bearing the same name and the day having the same number as the month and the day of the event that runs the time limit; However, if the event occurred on February 29 and in the subsequent year to be taken into account the month of February has twenty-eight days, the time limit expires on February 28.
2. Time limits expressed in months.
Any time expressed in months Expire, in the subsequent month to be taken into consideration, the day having the same amount as the day of the event which runs the time limit; however, if the subsequent month to be taken into consideration does not have the same day as the same number, the time limit Expires on the last day of this month.
3. Time Frames
Any time period expressed in days begins to run on the day following the day on which the relevant event occurs and expires accordingly.
4. Expiry of a time limit a day on which the International Bureau or an Office is not open to the public.
If a time limit expires on a day on which the International Bureau or the Office concerned is not open to the public, the time limit shall expire, notwithstanding paragraphs 1 to 3, The first day after which the International Bureau or the Office concerned is open to the public.
Rule 5
Disturbances in the
postal service and in the mail routing companies
1. Communications sent through a postal service.
Non-compliance by an interested Party with a time limit for a communication addressed to the International Bureau and sent through a postal service shall be excused if the Interested party provides evidence, in a satisfactory manner to the International Bureau, that:
(i) the communication was sent at least five days before the expiration of the time limit or, when the postal service was discontinued at the time of the Any of the ten days preceding the date of expiry of the period for reasons of war, revolution, civil disorder, strike, natural calamity or other similar reasons, the communication was sent no later than five days after The resumption of the postal service, whether
ii) the shipment of the communication was effected by the postal service under registered mail or that the data relating to the shipment were recorded by the postal service at the time of shipment, and That,
(iii) where the mail, in certain categories, normally does not arrive at the International Bureau within two days of its shipment, the communication has been sent to a category of mail that normally reaches the Office International within two days of the shipment, or was by air.
2. Communications sent through a mail delivery company.
Non-compliance by an interested party with a time limit for a Communication addressed to the International Bureau and sent through a courier company shall be excused if the interested party provides proof, in a satisfactory manner to the International Bureau,
: Communication has been sent at least five days before the expiration of the time limit or, where the operation of the mail forwarding company has been interrupted in any of the ten days preceding the date of expiry of the time limit for Reason of war, revolution, civil disorder, natural calamity or other similar reasons, the communication was sent no later than five days after the resumption of the operation of the mail routing business, and that
(ii) the data relating to the sending of the communication was recorded by the mail delivery company at the time of mailing.
3. Limits to the excuse
Failure to comply with a time limit shall be excused under this Rule only if the evidence referred to in paragraph 1 or 2 and the communication or a duplicate thereof are received by the International Bureau not later than six months after Timeout.
Rule 6
Languages
1. International Application.
The international application must be in English or French.
2. Registration and Publication.
Registration in the International Register and publication in the International Registration Bulletin and Any data relating to that international registration, which shall be the subject of both registration and publication under these Regulations, shall be made in both English and French. The recording and publication of the international registration shall include the indication of the language in which the International Bureau received the international
. Communications.
Any communication relating to an international application or the international registration resulting therefrom shall be in the form of:
(i) in English or French where that communication is addressed to the International Bureau By the applicant or holder or by an Office;
(ii) in the language of the international application where the communication is addressed by the International Bureau to an Office, unless that Office has notified the International Bureau that All communications of this type must be in French or must be in English;
(iii) in the language of the international application where the communication is addressed by the International Bureau to the applicant or Holder, unless the applicant or holder indicates that he wishes to receive all such communications in French, although the language of the international application is English, or vice versa.
4. Translation.
The translations required for the purposes of the entries and publications made under paragraph 2 shall be prepared by the International Bureau. The applicant may submit to the international application a proposal for the translation of any text contained in the international application. If the International Bureau considers that the proposed translation is not correct, it will correct it after inviting the applicant to comment, within one month of the invitation, on the proposed corrections.
Rule 7
Application Conditions International
1. Form and signature.
The international application must be submitted on the official form. The international application must be signed by the applicant.
2. Fees.
The prescribed fees applicable to the international application must be paid in accordance with Rules 27 and 28.
3. Mandatory Contents of the International Application.
The international application shall contain or indicate:
(i) the name of the applicant, indicated in accordance with the Administrative Instructions;
(ii) the address of the applicant, indicated in accordance with the Administrative instructions;
(iii) the applicant's Contracting Party;
(iv) the product (s) which constitute the industrial design or in relation to which the industrial design is to be used, and specify whether the industrial design Or the goods constitute the industrial design or are products in relation to which the industrial design is to be used; the product (s) must preferably be indicated by the terms in the list Goods of the International Classification;
(v) the number of reproductions or specimens of the industrial design accompanying the international application in accordance with Rule 9 or 10;
(vi) the designated Contracting Parties ;
(vii) the amount of the fees paid and the method of payment, or instructions to debit the required amount of fees on an account opened with the International Bureau, and the identity of the originator of the payment or instructions.
4. Additional Content of the International Application:
(a) Where the international application contains the designation of a Contracting Party that has notified the Director General, in accordance with Article 5.2 -a, that its legislation requires one or more Of the elements referred to in Article 5.2 (b), the international application shall contain that element or elements, presented in the manner prescribed in Rule 11;
(b) Any element referred to in item i or ii of Article 5.2-b may, at the option of the applicant, be Included in the international application even if it is not required as a result of a notification under Article 5.2-a;
(c) Where Rule 8 applies, the international application shall contain the indications referred to in Rule 8 (2) And, as the case may be, be accompanied by the declaration or document referred to in that Rule;
(d) Where the applicant has a representative, the international application shall contain the name and address of the representative indicated in accordance with the instructions
e) Where the applicant wishes, under Article 4 of the Paris Convention, to benefit from the priority of an earlier filing, the international application shall contain a declaration claiming the priority of that deposit Date, together with the indication of the name of the Office with which it was made and the date and, if available, the number of that filing and, where the priority claim does not apply to all designs
f) Where the applicant wishes to avail himself of Article 11 of the Paris Convention, the international application shall contain: A declaration according to which the product (s) which constitute or incorporate the industrial design have been included in an official or officially recognized international exhibition, as well as the place of the exhibition and the date on which it Where the industrial designs included in the international application are not all concerned, the international application shall indicate those to which the declaration applies or
g) Where the applicant wishes the publication of the industrial design to be deferred in accordance with Article 11, the international application shall contain a request for deferment of publication;
(h) The application May also contain any declaration, document or other relevant indication that the Administrative Instructions may specify;
(i) The international application may be accompanied by a declaration indicating the Information which, to the knowledge of the applicant, is relevant to establish that the design concerned satisfies the conditions of protection.
5. Exclusion of Additional Elements.
If the international application contains indications other than those required or permitted by the Act, these Regulations or the Administrative Instructions, the International Bureau Delete ex officio.
If the international application is accompanied by documents other than those required or authorized, the International Bureau may dispose of it.
6. All products must belong to the same class
All the products which constitute the industrial designs included in the international application, or in relation to which such designs are to be used, must Belong to the same class of the international classification.
Rule 8
Special Requirements for the Applicant
1. Notification of Special Requirements:
(a) Where the law of a Contracting Party requires that an application for protection of an industrial design be filed in the name of the creator of the design, that Contracting Party may Notify the Director General of this fact in a declaration;
(b) The declaration referred to in subparagraph (a) shall specify the form and the mandatory content of any declaration or document required for the purposes of paragraph 2.
2. Identity of the creator and Assignment of the international application.
Where an international application contains the designation of a Contracting Party that has made the declaration referred to in paragraph 1:
(i) it shall also contain indications concerning the identity of the Creator of the industrial design, as well as a declaration, in accordance with the requirements of paragraph 1 b, according to which it believes to be the creator of the industrial design; the person thus indicated as the creator Shall be deemed to be the applicant for the purposes of the designation of that Contracting Party, irrespective of the person indicated as the applicant under Rule 7.3-i;
(ii) if the person indicated as the creator is not the person Indicated as being the applicant under Rule 7.3 -i, the international application must be accompanied by a declaration or document, in accordance with the requirements of paragraph 1 (b), establishing that it has been assigned by the person Indicated as the creator to the person indicated as the applicant. The latter is recorded as the holder of the international registration.
Rule 9
Industrial Design Reproductions
1. Form and number of reproductions of the industrial design:
(a) The reproductions of the industrial design shall consist, at the option of the applicant, in photographs or other graphic representations of the design Industry itself or the product (s) that make up the product. The same product may be shown from different angles; views corresponding to different angles may appear on the same photograph or other graphic representation or on photographs or other separate graphic representations ;
(b) Any reproduction shall be furnished in a specified number of copies specified in the Administrative Instructions.
2. Conditions for Reproductions:
(a) Reproductions shall be of sufficient quality to ensure that All details of the industrial design appear clearly and for publication to be possible;
(b) Items which appear in a reproduction but which are not the subject of a request for protection may be indicated by the Instructions provided in the Administrative Instructions.
3. Requirements:
(a) Subject to subparagraph (b), any Contracting Party which requires certain specific views of the product (s) which constitute the industrial design or in relation to which the industrial design is to be Shall notify the Director General in a declaration, specifying the views that are required and the circumstances in which they are required;
(b) No Contracting Party may require more than one view in the case of a design Industrial or two-dimensional product or more than six views when the product is three-dimensional.
4. Refusal on grounds relating to reproductions of the industrial design.
A Contracting Party may not refuse the effects of the international registration on the ground that conditions relating to the form of the reproductions of the design or Industrial model which is in addition to the conditions notified by that Contracting Party in accordance with paragraph 3 (a) or which differ, according to its legislation, have not been complied with. A Contracting Party may, however, refuse the effects of the international registration on the ground that the reproductions appearing in the international registration are not sufficient to fully disclose the industrial design.
Rule 10
Specimens of the
industrial design in case of deferment of publication
1. Number of specimens.
Where the international application contains a request for deferment of publication in respect of an industrial design (two-dimensional) and, instead of being accompanied by the reproductions referred to in Rule 9, it is Accompanied by specimens of the industrial design, it shall be accompanied by the following number of specimens:
(i) one for the International Bureau, and
(ii) one for each designated Office which has notified the International Bureau under the Article 10.5, to receive copies of international registrations.
2. Specimens.
All specimens must fit into a single package. Specimens can be folded. The maximum dimensions and weight of the package are specified in the Administrative Instructions.
Rule 11
Creator Identity;
Description; Claim
1. Identity of the Creator.
Where the international application contains indications concerning the identity of the creator of the industrial design, the name and address of the creator shall be given in accordance with the instructions Administrative.
2. Description.
Where the international application contains a description, the description must relate to the elements appearing on the reproductions of the industrial design. If the description exceeds 100 words, an additional fee, as set out in the Schedule of Fees, must be paid.
3. Claim.
A declaration under Article 5.2-a that the law of a Contracting Party requires a claim for a filing date to be accorded to an application for the protection of an industrial design in This legislation must indicate the exact wording of the claim required. Where the international application contains a claim, the wording of that claim shall be consistent with the terms of that declaration.
Rule 12
Fees Concerning the International Application
1. Prescribed Fees:
(a) The international application shall be subject to the payment of the following fees:
(i) a basic fee;
(ii) a standard designation fee for each designated Contracting Party that has not made the expected declaration to Article 7.2;
(iii) an individual designation fee for each designated Contracting Party that has made the declaration provided for in Article 7.2;
(iv) a publication fee;
(b) The amount of the fees referred to in items i, ii and iv
2. The date on which the fees are to be paid.
The fees referred to in paragraph 1 shall, subject to paragraph 3, be paid at the time of filing the international application, with the exception of the Publication which, where the international application contains a request for deferment of publication, may be paid subsequently in accordance with Rule 16.3.
3. Individual designation fee payable in two parts:
(a) The declaration referred to in Article 7.2 may also specify that the individual designation fee payable for the Contracting Party concerned consists of two parts, the first before the Be paid at the time of filing the international application and the second at a later date which is fixed in accordance with the law of the Contracting Party concerned;
(b) Where the subparagraph has applied, the reference to paragraph 1-iii to An individual designation fee means a reference to the first part of the individual designation fee;
(c) The second part of the individual designation fee may be paid either directly to the Office concerned or by The intermediary of the International Bureau, at the choice of the holder. Where it is paid directly to the Office concerned, the Office shall notify the International Bureau accordingly, and the International Bureau shall record that notification in the International Register. Where it is paid through the International Bureau, it shall record the payment in the International Register and notify that fact to the Office concerned;
(d) Where the second part of the individual designation fee is not paid Within the applicable time limit, the Office concerned notifies the International Bureau and requests the International Bureau to cancel the recording of the international registration in the International Register in respect of the Contracting Party concerned. The International Bureau shall act accordingly and shall notify the holder accordingly.
Rule 13
International application
filed through an Office
1. Date of receipt by the Office and transmittal to the International Bureau.
Where the international application is filed through the intermediary of the Office of the applicant's Contracting Party, that Office shall notify the applicant of the date on which it received The application. At the same time as it transmits the international application to the International Bureau, the Office notifies the International Bureau of the date on which it received the application. The Office shall notify the applicant that it has transmitted the international application to the International Bureau.
2. Transmittal Fee.
An Office which requires a transmittal fee, as provided for in Article 4.2, shall notify the International Bureau accordingly. Amount of this fee, which should not exceed the administrative costs of receiving and transmitting the international application, as well as its due date.
3. Date of filing of an international application filed indirectly.
Subject to Article 9.3, the filing date of an international application filed through an Office is:
(i) the date on which the application was received by that Office Provided that it is received by the International Bureau within one month from that date;
(ii) in all other cases, the date on which the International Bureau receives the international application.
4. Date of filing where the applicant's Contracting Party requires a security check.
Notwithstanding paragraph 3, a Contracting Party whose legislation, on the date on which it becomes party to the Act, requires a security check may, in A declaration, notify the Director General that the one-month time limit specified in the said paragraph is replaced by a period of six months.
Rule 14
Examination by the International Bureau
1. Time limit for correcting irregularities
The time limit for correcting defects under Article 8 shall be three months from the date of the invitation sent by the International Bureau.
2. Irregularities resulting in Postponement of the filing date of the international application.
The deficiencies which, in accordance with Article 9.3, are prescribed as irregularities causing the postponement of the filing date of the international application are as follows:
(a) The international application is not in the prescribed language or in one of the prescribed languages;
(b) One of the following is not included in the international application:
(i) the express or implied indication that it Is required for an international registration under the Act;
(ii) indications allowing the identity of the applicant to be established;
(iii) sufficient indications for entering into relations with the applicant or his representative
iv) a reproduction or, in accordance with Article 5.1 (iii), a specimen of each industrial design subject to the international application;
v) the designation of at least one Contracting Party.
3. Refund of fees.
Where, in accordance with Article 8.2 -a, the international application is deemed abandoned, the International Bureau shall refund the fees paid for that application, after deduction of an amount corresponding to the Base.
Rule 15
Registration of the Industrial Design
in the International Register
1. Registration of the Industrial Design in the International Register.
Where the International Bureau considers that the international application complies with the requirements, it shall record the industrial design in the International Register and Address a certificate to the holder.
2. Contents of the registration.
The international registration contains:
(i) all the data contained in the international application, other than any priority claim according to the rule 7.4-e where the date of the earlier filing is more than six months before the filing date of the international application;
(ii) any reproduction of the industrial design;
(iii) the date of the international registration;
(iv) the date of the international registration; Number of the international registration;
v) the relevant class, as determined by the International Bureau, of the international classification.
Rule 16
Adjournment of publication
1. Maximum period of deferment.
The prescribed period for the purposes of Article 11.1-a and 2-i shall be 30 months from the filing date or, where priority is claimed, from the priority date of the application concerned.
2. Time limit To withdraw a designation where the adjournment is not possible under the applicable law.
The time limit under Article 11.3-i for the applicant to withdraw the designation of a Contracting Party whose law does not permit Deferment of publication is one month from the date of notification addressed by the International Bureau.
3. Time limit for the payment of the publication fee and furnish the reproductions.
The publication fee referred to in Rule 12.1-a-iv shall be paid, and the reproductions referred to in Article 11.6-b shall be remitted, before the expiration of the period Of an adjournment under Article 11.2, or before the period of deferment is deemed to have expired in accordance with Article 11.4 -a.
4. Registration of Reproductions.
The International Bureau records any reproduction furnished under Article 11.6-b in the International Register.
5. Unsatisfied requirements.
If the requirements of paragraph 3 are not met, the international registration is canceled and not published.
Rule 17
Publication of the international registration
1. Date of publication.
The international registration is published:
(i) where the applicant so requests, immediately after registration;
(ii) where deferment of publication has been requested and this request has been made in Account, immediately after the date on which the period of deferment has expired or is considered to have expired;
(iii) in all other cases, six months after the date of the international registration or as soon as possible after that Date.
2. Content of the publication.
The publication of the international registration in the Bulletin, as defined in Article 10.3, shall contain:
(i) the data recorded in the International Register;
(ii) the reproduction (s) of the Industrial design;
(iii) where the publication has been deferred, the indication of the date on which the period of deferment expired or is considered to have expired
Rule 18
Refusal Notification
1. Time limit for notifying a refusal:
(a) The time limit for the notification of a refusal of the effects of an international registration in accordance with Article 12.2 shall be six months from the date on which the International Bureau sends a copy Publication of the international registration to the Office concerned;
(b) Notwithstanding subparagraph (a), any Contracting Party whose Office is an Examining Office, or whose law provides for the possibility of opposition The grant of protection may, in a declaration, notify the Director General that the period of six months referred to in that subparagraph shall be replaced by a time limit of twelve months;
(c) In the declaration referred to in subparagraph (b), it may also Be indicated that the international registration will produce the effects referred to in Article 14.2-a at the latest:
(i) at one time, specified in the declaration, which may be later than the date referred to in that Article but not more than six months, Or
(ii) at the time the protection is granted in accordance with the law of the Contracting Party, where the communication within the time limit applicable under subparagraph a or b of a decision on the grant of protection has been The Office of the Contracting Party concerned shall notify the International Bureau accordingly and shall endeavour to communicate the decision without delay to the holder of the international registration concerned.
2. Notification of Refusal:
(a) The notification of any refusal must relate to a single international registration, be dated and be signed by the Office that makes it;
(b) The notification shall contain or indicate:
(i) the Office making the notification ;
(ii) the number of the international registration;
(iii) all the grounds on which the refusal is based, accompanied by a reference to the relevant essential provisions of the law;
(iv) where the grounds on which the refusal is based Is based on the similarity with an industrial design which has been the subject of an earlier national, regional or international application or registration, the date and the filing number, the priority date (if any), the date and the The number of the registration (if available), a copy of a reproduction of the earlier industrial design (if such reproduction is available to the public) and the name and address of the owner of the industrial design;
(v) where the refusal does not concern all the industrial designs that are the subject of the international registration, those which it concerns or does not concern;
(vi) the fact that the refusal is or is not subject to review or Recourse and, if so, the time limit, reasonable in the circumstances, to make a request for review of the refusal or an appeal against it and the competent authority to hear the request for review or appeal, With indication, where applicable, of the obligation to file the request for review or the appeal through an agent who has his address in the territory of the Contracting Party whose Office has pronounced the refusal, and
(vii) the date To which the refusal was pronounced.
3. Notification of the Division of an International Registration.
If, as a result of a notification of refusal under Article 13.2, an international registration is divided with the Office of a designated Contracting Party to remedy a Reason for refusal indicated in that notification, that Office notifies the International Bureau of the data relating to the division, as specified in the Administrative Instructions.
4. Notification of Withdrawal of Refusal:
(a) Any notification of withdrawal of a refusal must relate to a single international registration, be dated and be signed by the Office that makes it;
(b) The notification must contain or indicate:
(i) the Office making the notification;
(ii) the number of the international registration;
(iii) if the withdrawal does not concern all the designs to which the refusal applied, those which it concerns or does not concern, and
(iv) the Date the refusal was removed.
5. Registration.
The International Bureau shall record in the International Register any notification received under paragraph 1-c-ii, 2 or 4 with an indication, in the case of a notification of refusal, of the date on which that notification of refusal was Sent to the International Bureau.
6. Transmittal of Copies of Notifications
The International Bureau shall transmit to the holder a copy of the notifications received under paragraph 1-c-ii, 2 or 4.
Rule 19
Irregular Refusals
1. Notification not considered as such:
(a) A notification of refusal is not considered as such by the International Bureau and is not recorded in the International Register:
i) if it does not indicate the number of the registration Corresponding international, unless other indications contained in the notification identify this registration;
(ii) if it does not indicate any ground for refusal, or
(iii) if it is addressed to the International Bureau after The expiration of the applicable time limit under Rule 18.1;
(b) Where the subparagraph has applied, the International Bureau, unless it cannot identify the international registration concerned, shall transmit a copy of the notification to the Holder, at the same time inform the holder and the Office which sent the notification of refusal that the notification is not considered as such by the International Bureau and has not been recorded in the International Register, and indicates the reasons.
2. Irregular notification.
If the notification of refusal:
(i) is not signed on behalf of the Office that communicated the refusal, or does not comply with the requirements under Rule 2;
(ii) does not, if applicable, satisfy Requirements of Rule 18.2-b-iv;
(iii) does not indicate, where appropriate, the competent authority to hear the request for review or appeal and the time limit, reasonable in the circumstances, in which that request or appeal must To be presented (Rule 18.2-b-vi);
(iv) does not contain the date on which the refusal was pronounced (Rule 18.2-b-vii),
, the International Bureau records the refusal in the International Register and transmits to the holder a copy of the notification. If requested by the holder, the International Bureau invites the Office which communicated the refusal to regularize its notification without delay.
Rule 20
Invalidation in Designated Contracting Parties
1. Contents of the Notification of Invalidation.
Where the effects of an international registration are invalidated in a designated Contracting Party and the invalidation is no longer subject to review or appeal, the Office of the The Contracting Party whose competent authority has pronounced the invalidation shall notify, where it is aware of it, that fact to the International Bureau. The notification must indicate:
(i) the authority which pronounced the invalidation;
(ii) the fact that the invalidation is no longer subject to appeal;
(iii) the number of the international registration;
(iv) where The invalidation does not apply to all the industrial designs which are the subject of the international registration, those which it concerns or does not concern;
(v) the date on which the invalidation was pronounced and the date on which the invalidation was pronounced; It takes effect.
2. Recording the invalidation.
The International Bureau records the invalidation in the International Register with the data contained in the invalidation notification
Rule 21
Register a Change
1. Submission of the application:
(a) An application for registration must be submitted to the International Bureau on the appropriate official form where that application relates to:
(i) a change in ownership of the international registration For all or part of the industrial designs that are the subject of the international registration;
(ii) a change in the name or address of the holder;
(iii) a renunciation of the international registration in respect of a Several or all of the designated Contracting Parties;
(iv) a limitation, in respect of one, several or all of the designated Contracting Parties, relating to all or part of the industrial designs that are The subject-matter of the international registration;
(b) The application shall be submitted by and signed by the holder; however, a request for the recordal of a change in ownership may be made by the new owner, provided that Either:
i) signed by the holder, or
ii) signed by the new owner and accompanied by an attestation by the competent authority of the holder's Contracting Party that the new owner appears to be The successor to the holder.
2. Contents of the application.
The request for the recordal of a change must contain or indicate, in addition to the requested change:
(i) the number of the international registration concerned;
(ii) the name The holder, except where the change relates to the name or address of the representative;
(iii) in the case of a change in ownership of the international registration, the name and address indicated in accordance with the Administrative Instructions, of the New owner of the international registration;
(iv) in the case of a change in the holder of the international registration, the Contracting Party (s) in respect of which the new owner meets the conditions laid down in the Article 3 to be the holder of an international registration;
v) in the case of a change in the holder of the international registration which does not concern all industrial designs and all Contracting Parties, the The number of the industrial designs and the designated Contracting Parties affected by the change in ownership, and
(vi) the amount of the fees paid and the method of payment, or the instruction to charge the required amount of the fees on a Account opened with the International Bureau, as well as the identity of the originator of the payment or instructions.
3. Irregular application.
Where the request for registration does not comply with the requirements, the International Bureau notifies that fact to the holder and, if the application has been made by a person claiming to be the new owner, to that Person.
4. Time limit for correcting the irregularity
The irregularity may be remedied within three months from the date of its notification by the International Bureau. If the irregularity is not remedied within that time limit, the application for registration shall be deemed abandoned and the International Bureau shall notify accordingly the holder and, if the application has been made by a person claiming to be the New owner, to that person, and reimburses all taxes paid after deduction of one-half of the relevant taxes.
5. Registration and Notification of an Amendment:
(a) In so far as the application is regular, the International Bureau shall record the change in the International Register promptly and shall inform the holder accordingly. With respect to the recordal of a change in ownership, the International Bureau shall inform both the new holder and the earlier holder;
(b) The amendment shall be recorded on the date of receipt by the International Bureau of the Application meeting the requirements. However, where the application indicates that the amendment is to be recorded after another amendment, or after the renewal of the international registration, the International Bureau will respond to that request.
6. Recording of a partial change in ownership
The assignment or any other transmission of the international registration for only part of the industrial designs or for only some of the designated Contracting Parties Is recorded in the International Register under the number of the international registration of which a party has been assigned or transmitted; the assigned or transmitted part is cancelled under the number of that international registration and is the subject of a Separate international registration. This separate international registration shall bear the number, together with a capital letter, of the international registration of which a party has been assigned or transmitted.
7. Recording of the Merger of International Registrations.
Where the same person becomes the holder of several international registrations resulting from a partial change in ownership, those registrations shall be merged at the request of that person. And paragraphs 1 to 6 shall apply mutatis mutandis. The international registration resulting from the merger shall bear the number, together with, where applicable, a capital letter, of the international registration of which a party has been assigned or transmitted.
Rule 22
Rectifications To the International Register
1. Rectification.
If the International Bureau, acting ex officio or at the request of the holder, considers that the International Register contains an error in respect of an international registration, it shall amend the Register and inform the holder accordingly
2. Rejection of the effects of the correction.
The Office of any designated Contracting Party has the right to declare, in a notification addressed to the International Bureau, that it refuses to acknowledge the effects of the correction. Article 12 and Rules 18 and 19 shall apply mutatis mutandis
Rule 23
Unofficial Notice of Expiration
Six months before the expiration of a five-year period, the International Bureau sends a notice to the holder and the representative, indicating the date of expiry of the registration International. The fact that this notice of expiry is not received does not constitute an excuse for failure to comply with any of the time limits set out in Rule 24.
Rule 24
Details Concerning Renewal
1. Fees:
(a) The international registration is renewed upon payment of the following fees:
(i) A basic fee;
(ii) a standard designation fee for each designated Contracting Party that has not made the declaration Under Article 7.2 for which the international registration is to be renewed;
(iii) an individual designation fee for each designated Contracting Party that has made the declaration provided for in Article 7.2 and for which The international registration must be renewed.
(b) The amount of the fees referred to in items i and ii of subparagraph (a) shall be fixed in the Schedule of Fees;
(c) Payment of the fees referred to in subparagraph (a) shall be made no later than the date on The renewal of the international registration must be effected. However, it may still be made within six months from the date on which the renewal of the international registration is to be effected, provided that the surcharge indicated in the Schedule of Fees is paid at the same time ;
(d) Any payment for renewal which is received by the International Bureau more than three months before the date on which the renewal of the international registration is to be effected is considered to have been received three months Prior to that date.
2. Additional details:
(a) Where the holder does not wish to renew the international registration:
(i) in respect of a designated Contracting Party, or
(ii) in respect of any of the drawings Industrial designs that are the subject of the international registration,
the payment of the required fees must be accompanied by a declaration indicating the Contracting Party or the numbers of the industrial designs for which The international registration must not be renewed;
(b) Where the holder wishes to renew the international registration in respect of a designated Contracting Party notwithstanding the fact that the maximum period of protection of the drawings or Industrial designs in that Contracting Party has expired, the payment of the required fees, including the standard designation fee or the individual designation fee, as the case may be, for that Contracting Party, shall be accompanied by a Declaration that the renewal of the international registration is to be recorded in the International Register in respect of that Contracting Party;
(c) Where the holder wishes to renew the international registration in respect of that Contracting Party Of a designated Contracting Party notwithstanding the fact that a refusal is recorded in the International Register for that Contracting Party in respect of all the industrial designs concerned, the payment of the required fees, including the Standard designation fee or the individual designation fee, as the case may be, for that Contracting Party, must be accompanied by a declaration that the renewal of the international registration is to be entered in the Register
(d) The international registration may not be renewed in respect of a designated Contracting Party in respect of which an invalidation has been recorded in respect of all designs Pursuant to Rule 20 or in respect of which a renunciation has been recorded under Rule 21. The international registration may not be renewed in respect of a designated Contracting Party for industrial designs for which an invalidation in that Contracting Party has been recorded under Rule 20 or for Which a limitation was recorded under Rule 21.
3. Insufficient payment:
(a) If the amount of the fees received is less than the amount required for renewal, the International Bureau shall promptly notify the holder and the representative, at the same time, at the same time. The notification shall specify the outstanding amount.
(b) If, at the expiration of the six-month period referred to in paragraph (1) (c), the amount of the fees received is less than the amount required for renewal, the International Bureau shall not register the Renewal, shall reimburse the amount received and shall notify the holder and the representative accordingly.
Rule 25
Registration of the Renewal; Certificate
1. Registration and Effective Date of Renewal.
Renewal shall be recorded in the International Register and shall bear the date on which it was to be effected, even if the required fees are paid during the grace period referred to in Rule 24.1 -c.
2. Certificate.
The International Bureau sends a renewal certificate to the holder
Policy 26
Bulletin
1. Information Concerning International Registrations.
The International Bureau publishes in the Bulletin relevant relevant data:
(i) to international registrations, in accordance with Rule 17;
(ii) to registered refusals Under Rule 18.5, indicating whether there is a possibility of review or appeal, but without publication of the grounds for refusal;
(iii) the invalidations entered under Rule 20.2;
(iv) changes in ownership, modifications The name or address of the holder, renunciations and limitations registered under Rule 21;
(v) For corrections made under Rule 22;
(vi) to renewals under Rule 25.1;
(vii) to International registrations which have not been renewed.
2. Information concerning declarations; other information.
The International Bureau publishes in the Bulletin any declaration made by a Contracting Party under The Act or these Regulations and the list of days on which it is intended that the International Bureau will not be open to the public during the current calendar year and the following year.
3. Number of copies for Offices of Contracting Parties:
(a) The International Bureau shall send copies of the Bulletin to the Office of each Contracting Party. Each Office shall be entitled, free of charge, to two copies and where, for a given calendar year, the number of designations recorded in respect of the Contracting Party concerned exceeds 500, to one additional copy the following year, Plus one copy for each 500 designations beyond the first 500. Each Contracting Party may purchase each year, for half of the subscription price, a number of copies equal to the one to which it is entitled free of charge;
(b) If the ballot is available in more than one form, each Office may choose the Form under which it wishes to receive any copy to which it is entitled.
Rule 27
Amounts and Payment of Taxes
1. Amounts of the fees.
The amounts of the fees due under the Act and these Regulations, other than the individual designation fee referred to in Rule 12.1-a-iii, are indicated in the Schedule of Fees annexed to the present And an integral part thereof.
2. Payment.
(a) Subject to subparagraph b and Rule 12.3 -c, the fees shall be paid directly to the International Bureau;
(b) Where the international application is filed through the Office of the Contracting Party of Applicant, the fees which have to be paid in connection with that application may be paid through that Office if the Office agrees to collect and transfer them and that the applicant or holder so wishes. Any Office which accepts to collect and transfer such fees shall notify the Director General accordingly.
3. Payment methods.
Fees are paid to the International Bureau in accordance with the Administrative Instructions.
4. Indications Accompanying the Payment
When paying a fee to the International Bureau, it is necessary to indicate:
(i) before the international registration, the name of the applicant, the industrial design concerned and the purpose of the payment ;
(ii) after the international registration, the name of the holder, the number of the international registration concerned and the purpose of the payment.
5. Date of payment:
(a) Subject to Rule 24.1-d and subparagraph (b), a fee shall be deemed to have been paid to the International Bureau on the day on which the International Bureau receives the required amount;
(b) Where the required amount is available on a The Office has received from the holder of the account the statement to make a levy, the fee shall be deemed to have been paid to the International Bureau on the day on which the International Bureau receives an international application, Request for recordal of an amendment or instruction to renew an international registration.
6. Changes in the amount of fees:
(a) Where an international application is filed through the Office of the applicant's Contracting Party and the amount of fees due for the filing of the international application is amended between, On the one hand, the date of receipt by that Office of the international application and, on the other hand, the date of receipt of the international application by the International Bureau, the applicable fee is that which was in force at the first of those two dates ;
(b) Where the amount of the fees due for the renewal of an international registration is changed between the date of payment and the date on which the renewal is to be effected, the amount applicable shall be that which was On the date of payment, or on the date considered to be that of the payment in accordance with Rule 24.1 -d. Where the payment is made after the date on which the renewal was to be effected, the amount that is applicable is the amount that was in effect on that date;
(c) Where the amount of a tax other than the fees referred to in subparagraphs (a) and B is amended, the applicable amount is the amount that was in effect on the date on which the tax was received by the International Bureau.
Rule 28
Currency of Payment
1. Obligation to use the Swiss currency.
All payments to the International Bureau under these Regulations shall be made in Swiss currency notwithstanding the fact that, if the fees are paid by The intermediary of an Office, that Office was able to collect them in another currency.
2. Establishment of the amount of the individual designation fees in Swiss currency:
(a) Where a Contracting Party makes, under Article 7.2, a Declaration that it wishes to receive an individual designation fee, it shall indicate to the International Bureau the amount of that fee in the currency used by its Office;
(b) Where, in the declaration referred to in subparagraph A, the fee is indicated in a currency other than the Swiss currency, the Director General shall establish the amount of the fee in Swiss currency, after consulting the Office of the Contracting Party concerned, on the basis of the official exchange rate of the United Nations;
(c) Where, for more than three consecutive months, the official exchange rate of the United Nations between the Swiss currency and the currency in which the amount of an individual designation fee has been indicated by a Party Contracting Party shall be more than or less than 5 % at the last exchange rate applied for the determination of the amount of the fee in Swiss currency, the Office of that Contracting Party may request the Director General to establish a new amount Of the tax in Swiss currency on the basis of the official exchange rate of the United Nations applicable on the day before the day on which that request is made. The Director General shall make the necessary arrangements for this purpose. The new amount shall be applicable from the date fixed by the Director General, on the understanding that that date is not earlier than one month and not later than two months after the date of publication of the said amount in the bulletin;
(d) Where, For more than three consecutive months, the official exchange rate of the United Nations between the Swiss currency and the currency in which the amount of an individual designation fee has been indicated by a Contracting Party shall be less than 10 % at the last exchange rate applied for the determination of the amount of the tax in Swiss currency, the Director-General shall establish a new amount of the tax in Swiss currency on the basis of the official rate of exchange of the applicable United Nations. The new amount shall be applicable from the date fixed by the Director General, provided that the date is not earlier than one month and not later than two months after the date of publication of the said amount in the bulletin.
Rule 29
Recording the amount of
fees to the credit of the Contracting Parties concerned
Any standard designation fee or individual designation fee paid to the International Bureau at The respect of a Contracting Party shall be credited to the account of that Contracting Party with the International Bureau in the month following that of the recording of the international registration or of the renewal for which that fee has been Paid or, in respect of the second part of the individual designation fee, upon receipt by the International Bureau
Rule 30
Edit some rules
1. Requirement of Unanimity.
Amendment of the following provisions of this Regulations requires unanimity:
i) Rule 13.4;
ii) Rule 18.1.
2. Requirement for a majority of four fifths.
The Amendment of the following provisions of this Regulations and paragraph 3 of this Rule requires a four-fifths majority:
(i) Rule 7.6;
(ii) Rule 9.3-b;
(iii) Rule 16.1;
(iv) Rule 17.1 -iii.
3. Procedure.
Any proposal to amend a provision referred to in paragraph 1 or 2 shall be sent to all Contracting Parties at least two months before the opening of the session of the Assembly which is convened to vote on This proposal
Rule 31
Administrative Instructions
1. Preparation of Administrative Instructions and Processed Materials:
(a) The Director General shall establish Administrative Instructions. The Director General may amend them. The Director General shall consult the Offices which are directly interested in the Administrative Instructions or the proposed amendments;
(b) The Administrative Instructions shall deal with matters for which this Regulation Instructions and details relating to the application of these Regulations.
2. Control by the Assembly.
The Assembly may invite the Director General to amend any provision of the Administrative instructions, and the Director General acts accordingly.
3. Publication and entry into force:
(a) The Administrative Instructions and any amendments thereto shall be published in the Bulletin;
(b) Each publication shall specify the date on which the published provisions come into force. The dates may be different for different provisions, on the understanding that no provision can enter into force before publication in the bulletin.
4. Divergence between the Administrative Instructions and the Act or these Regulations.
In the event of a discrepancy between a provision of the Administrative Instructions, on the one hand, and a provision of the Act or these Regulations Of execution, on the other hand, is the latter.
Rule 32
Declarations Made by Contracting Parties
1. Establishment and effect of declarations.
Section 30.1 and 2 shall apply mutatis mutandis to any declaration made under rules 8.1, 9.3 -a, 13.4 or 18.1-b and to its effect.
2. Withdrawal of declarations.
Any declaration Paragraph 1 may be withdrawn at any time by means of a notification addressed to the Director General. The withdrawal shall take effect on the date of receipt of such notification by the Director General or at any later date indicated in that notification. In the case of a declaration made under Rule 18.1 (b), the withdrawal shall not affect an international registration whose date is earlier than that of the withdrawal effect.
AGREED STATEMENTS OF THE CONFERENCE DIPLOMATIC ON THE GENEVA ACT AND THE REGULATIONS UNDER THE GENEVA
1. In adopting Article 12.4, Article 14.2-b and Rule 18.4, the Diplomatic Conference intended that the withdrawal of a refusal by an Office which had communicated a notification of refusal may take the form of a declaration that The Office concerned decided to accept the effects of the international registration for all or part of the industrial designs to which the notification of refusal applied. It was also understood that an Office may, within the prescribed time limit for communicating a notification of refusal, send a declaration that it has decided to accept the effects of the international registration, even when it has not communicated Such notification of refusal.
2. In adopting Article 10, the Diplomatic Conference intended that nothing in this Article would prevent access to the international application or the international registration by the applicant or owner or any person authorized by the Applicant or owner
Done at Paris, March 23, 2007.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
