Rs 0.232.121.42 Common Regulations From September 30, 2003, The 1999 Act And The 1960 Act Of The Agreement In The Hague (With Scale)

Original Language Title: RS 0.232.121.42 Règlement d’exécution commun du 30 septembre 2003 à l’Acte de 1999 et l’Acte de 1960 de l’Arrangement de La Haye (avec barème)

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0.232.121.42 original text in the common regulations under the 1999 Act and the 1960 Act of the agreement of the Hague adopted by the Assembly of the Hague Union on September 30, 2003 entered into force on 1 April 2004 (Status January 1, 2015) Chapter 1 General provisions rule 1definitions 1) [Abbreviated Expressions] for the purposes of these regulations, is meant by (((: i) "1999 Act", the Act signed at Geneva on 2 July 1999, of the Hague Agreement; ii) "1960 Act", the Act signed at the Hague on November 28, 1960, of the Hague Agreement; iii) an expression used in the regulations and which is defined in art. (first of the 1999 Act has the same meaning as in that Act; iv) "administrative instructions" means the administrative instructions referred to in rule 34; v) "communication" means any international application or any request, declaration, invitation, notification or information relating to or accompanying an international application or an international registration that is addressed to the Office of a Contracting Party ((, to the international Bureau to the applicant or holder by any means permitted by the present regulations or the administrative instructions; vi) "official form" means a form established by the international Bureau electronic interface made available by the international Bureau on the website of the organization or any form or electronic interface having the same contents and format; vii) "international classification" means the classification established under the Locarno Agreement establishing an International Classification for designs and industrial models; viii) "prescribed fee" means the applicable fee specified in the schedule of fees; ix) "bulletin" means the periodical bulletin in which the international Bureau effects the publications provided for in the 1999 Act, the 1960 Act or the regulations, regardless of the medium used; x) "Contracting Party designated under the 1999 Act" means a designated Contracting Party in respect of which the 1999 Act is applicable, either because it is the only common Act to which that designated Contracting Party and the Contracting Party of the applicant are linked, or by application of art. (31.1), first sentence, of the Act of 1999; xi) "Contracting Party designated under the 1960 Act" means a designated Contracting Party in respect of which the 1960 Act is applicable, either because it is the only joint that Act that designated Contracting Party and the State of origin referred to in art. 2 of the 1960 Act are bound, either by application of art. 31.1), second sentence, of the 1999 Act; xii) "international application governed exclusively by the 1999 Act" means an international application in respect of which all designated Contracting Parties are Contracting Parties designated under the 1999 Act; xiii) "international application governed exclusively by the 1960 Act" means an international application in respect of which all designated Contracting Parties are Contracting Parties designated under the 1960 Act; xiv) "international application governed at a time. by the 1999 Act and the 1960 Act"means an international application in respect of which:-unless a Contracting Party has been designated under the 1999 Act, and – at least one Contracting Party was designated under the 1960 Act;

(((2) [correspondence between some expressions used in the 1999 Act and the 1960 Act] for the purposes of the present regulations: i) a reference to "international application" or "international registration" shall be deemed to include, where appropriate, a reference to "international deposit" referred to in the 1960 Act; ii) a reference to the terms "applicant" and "owner" is deemed to be include, where applicable ((, a reference to the terms "applicant" and "owner" referred to in the 1960 Act; iii) a reference to the expression "Contracting Party" shall be deemed, where appropriate, to include a reference to a State party to the 1960 Act; iv) a reference to the expression "Contracting Party" whose Office is an examining Office shall be deemed to include, where appropriate, a reference to "State having a novelty examination" as defined in art. 2 of the 1960 Act; v) a reference to "individual designation fee" shall be deemed, where appropriate, include a reference to the fee mentioned in art. 15.1) 2) b) of the 1960 Act.

New content according to the D of the Ass. of the Union of the Hague of 1 oct. 2009, in force since 1 Jan. 2010 (2011 969 RO).
RS 0.232.121.4 RS 0.232.121.2 new content according to the D of the Ass. of the Union of the Hague from 2 oct. 2013, in force since 1 Jan. 2014 (2014 2383 RO).

Rule 2 communication with the international Bureau communications addressed to the international Bureau must be made in the manner specified in the administrative instructions.

Rule 3 Representation before the international Bureau 1) [representative; number of agents] has) the applicant or the holder may appoint a representative to the international.b Office) may be appointed only one representative to a given international application or a given international registration. When multiple agents are listed in the constitution Act, only the one which is indicated in the first place is considered to be representative and registered as tel.c) where a firm or an office of lawyers, or advice in patent or trademarks, indicated to the international Bureau as an agent, he is regarded as one representative.

((2) [appointment of representative] has) the appointment of a representative may be made in the international application, provided that the request be signed by the deposant.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 one or more international registrations specified by the same applicant or holder. This communication must be signed by the applicant or the titulaire.c) where the international Bureau considers that the appointment of a representative is irregular, it shall notify to the applicant or holder and the purported representative.

(3) [registration and notification of appointment of a representative; date of effect of the appointment of the representative] a) where the international Bureau finds that the appointment of a representative complies with relevant requirements, he registered in the international register the fact that the applicant or holder has a representative, the name and address of the representative. In this case, the date of effect of the appointment is the date on which the international Bureau received the international application or separate communication in which the representative is constitue.b) the international Bureau shall notify the recording referred to in subpara. a) both to the applicant or holder and the representative.

(4) [effect of appointment of a representative] a) unless expressly provided otherwise in the present regulations, the signature of a registered agent under para. ((3)) replace the signature of the applicant or the titulaire.b) except when the regulations expressly require that a communication be addressed to both the applicant or holder and the representative, the international Bureau shall send to the representative recorded under the al. (3) has) any communication which, in the absence of a representative, should be addressed to the applicant or holder; any communication so addressed audit representative has the same effect as if it had been addressed to the applicant or to the titulaire.c) any communication addressed to the international Bureau by the representative recorded under para. (3) a) has the same effect as if it had been sent by the applicant or the holder.

(5) [cancellation of recordal; date of effect of radiation] has) any recordal under para. (3) a) is deregistered when the cancellation is requested in a communication signed by the applicant, the holder or the representative. (Registration is cancelled ex officio by the international Bureau either when a new representative is appointed, or when a change in ownership is registered and that the new holder of the international registration has not established a mandataire.b) the cancellation takes effect on the date on which the international Bureau receives the communication correspondante.c) the international Bureau shall notify the cancellation and the date on which it takes effect the agent whose registration has been cancelled and the applicant or the holder.

Rule 4 calculation of time limits 1) [periods expressed in years] any period expressed in years expires, in the subsequent year to consider, the month with the same name and the day having the same number as the month and the day of the event that the period; However, if the event occurred a February 29 and in the following year to take into account the month February has 28 days, the period shall expire on February 28.
(2) [periods expressed in months] any period expressed in months shall expire, in the subsequent to consider, the day having the same number as the day of the event that the period; However, if to take into account subsequent month has no day having the same number, the period shall expire the last day of this month.
(3) [periods expressed in days] any period expressed in days starts on the day following that on which the event takes place and shall expire accordingly.

(4) [expiry a day where the international Bureau or an Office is not open to the public] If a period expires on a day which the international Bureau or the Office concerned is not open to the public, the period shall expire, notwithstanding the al. (1)-3), the first day that the international Bureau or the Office concerned is open to the public.

(Rule 5 disruption in the postal service and companies to delivery 1) [Communications sent through a postal service], by an interested party, of a time limit for a communication addressed to the international Bureau and mailed through a postal service shall be excused if the interested party submits evidence showing, in a satisfactory way for the international Bureau, as i) communication was mailed at least five days before the expiry of the period or When the postal service was interrupted when one any 10 days preceding the date of expiry of the period for reasons of war, revolution, civil, to strike disorder, natural calamity or other similar reasons, the communication was dispatched no later than five days after the resumption of postal service; queii) the dispatch of the communication was made by the postal service under cover recommended or that the shipment data have been recorded by the postal service at the time of the expedition. and queiii) when mail, in some categories, normally not reaching the international Bureau within two days of his expedition, the communication was dispatched in a class of mail which normally reaches the international Bureau within two days of the expedition, or it has been flown.

(2) [communications sent through a delivery service mail], by an interested party, of a time limit for a communication addressed to the international Bureau and sent through a delivery shall be excused if the interested party submits evidence showing, in a satisfactory way for the international Bureau, as i) the communication was sent at least five days before the expiry of the period or When the operation of the courier company was interrupted when one any 10 days preceding the date of expiry of the period for reasons of war, revolution, civil disorder, natural calamity or other similar reasons, communication was sent not later than five days after the resumption of the operation of the business of delivery; and queii) data relating to the sending of the communication were recorded by the courier at the time of sending.

(3) [limitation on excuse] failure to meet a time limit shall be excused under this rule only if the evidence referred to in the al. (1) or 2) and the communication or a duplicate thereof are received by the international Bureau not later than six months after the expiry of the period.

Rule 6Langues 1) [international application] the international application shall be in English, french or Spanish.
(2) [recording and publication] the recording in the international register and the publication in the Gazette of the international registration and all data relating to that international registration shall be both recorded and published under these regulations are made in french, English and Spanish. Registration and publication of the international registration include the indication of the language in which the international Bureau received the international application.
(((3) [communications] any communication concerning an international application or an international registration must be written: i) in french, English or Spanish where such communication is addressed to the IB by the applicant or holder or by an Office; ii) in the language of the application where the communication is addressed by the international Bureau to an Office unless that Office has notified the international Bureau that all such communications shall be drafted in English, french or Spanish; iii) in the language of the international application where the communication is addressed by the IB to the applicant or holder, unless that applicant or holder has indicated that he wishes that these communications are all written in french written in English or in Spanish.

(4) [translation] translations that are necessary for the purposes of registrations and publications made pursuant to para. (2) are established by the international Bureau. The applicant may attach to the international application a proposed translation of any text contained in the international application. If the international Bureau considers that the proposed translation is not correct, it fixes it after having invited the applicant to make, within a period of one month from the invitation, observations on the proposed corrections.

New content according to the D of the Ass. of the Union of the Hague of 1 oct. 2009, in force since 1 Jan. 2010 (2011 969 RO).

Chapter 2 international application and international registration rule 7 requirements concerning the international application 1) [form and signature] the international application shall be presented on the official form. The international application must be signed by the applicant.
(2) [fees] the prescribed fees applicable to the international application shall be paid pursuant to 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, specified in accordance with the administrative instructions; iii) the Contracting Parties with respect to which the applicant fulfills the conditions to be the holder of an international registration; iv) the products which constitute the industrial design or in relation to which the industrial design is to be used , and specify if the products constitute the industrial design or are products in relation to which the industrial design is to be used; the product must be indicated preferably using the terms appearing in the list of the products of the international classification; v) the number of industrial designs included in the international application, which may not exceed 100, and the number of reproductions or specimens of the drawings or industrial designs accompanying the international application in accordance with rule 9 or 10; vi) Contracting Parties designated; vii) the amount of taxes paid and the mode of payment, or instructions to debit the required amount of taxes on an account opened with the international Bureau, and the identity of the author of the payment or the instructions.

(4) [additional mandatory contents of the international application] has) A respect of Contracting Parties designated under the 1999 Act in an international application, that application shall contain, in addition to the indications referred to in para. ((3) iii), the indication of the Contracting Party of the deposant.b) where a Contracting Party designated under the 1999 Act has notified the Director General, pursuant to art. (5.2) has) of the 1999 Act, that its law requires one or more of the elements referred to in art. 5.2) b) of the 1999 Act, the international application must contain this element or elements, presented in the manner prescribed in rule 11(c)) where rule 8 applies, the international application shall, as appropriate, contain the indications referred to in the al. ((2) and 3) of this rule and be accompanied by any declaration, any document, any oath or any certificate referred to in this rule.

(5) [optional contents of the international application]

((a) anything referred to in point i) or ii) art. (5.2) (b)) of the 1999 Act or in art. (8.4) has) of the 1960 Act may, at the option of the applicant, be included in the international application even if it is not required in consequence of a notification made pursuant to art. (5.2) has) of the 1999 Act or in consequence of a requirement under art. 8.4) has) of the 1960.b Act) where the applicant has a representative, the international application must contain the name and address, indicated in accordance with the instructions administratives.c) where the applicant wishes, under art. 4 of the Paris Convention, take advantage of the priority of an earlier filing, the international application shall contain a declaration claiming the priority of that earlier filing, accompanied by the indication of the name of the Office with which it was made and of the date and, if available, the number of that filing and, where the priority claim applies not to all industrial designs included in the international application (, the indication of those to which it applies or does not apply pas.d) where the applicant wishes to avail itself of the art. 11 of the Paris Convention, the international application shall contain a declaration that the goods that constitute or incorporate industrial design have appeared in an official or officially recognized international exhibition as well as the place of the exhibition and the date at which such products there were presented for the first time; where industrial designs included in the international application are not all affected, the international application shall indicate those to which the declaration applies or does not apply pas.e) where the applicant wishes that publication of the industrial design be adjourned, the international application shall contain a request for deferment of the publication.f) the international application may also contain any declaration (, any document or any other relevant information that the administrative instructions may specifier.g) the international application may be accompanied by a statement indicating the information which, to the knowledge of the applicant, are relevant to establish that the design concerned meets the conditions for protection.

(6) [exclusion of additional matter] if the international application contains indications other than those that are required or permitted by the 1999 Act, the 1960 Act, the regulations or the administrative instructions, the international Bureau removes them ex officio. If the international application is accompanied by documents other than those that are required or permitted, the international Bureau may dispose.
7) [all products to be in same class] all the products which constitute the industrial designs included in the international application, or in relation to which the industrial designs are to be used, must belong to the same class of the international classification.

New content according to the D of the Ass. of the Union of the Hague from 2 oct. 2013, in force since 1 Jan. 2014 (2014 2383 RO).
New content according to the D of the Ass. of the Union of the Hague of 1 oct. 2009, in force since 1 Jan. 2010 (2011 969 RO).

Rule special 8Exigences concerning the applicant and the creator 1) [Notification of special requirements concerning the applicant and the creator] has) i) when the law of a Contracting Party bound by the 1999 Act requires that an application for protection of an industrial design be filed on behalf of the creator of the industrial design, that Contracting Party may notify that fact to the Director general in a declaration.
(ii) where the law of a Contracting Party bound by the 1999 Act requires an oath or a certificate of the creator, that Contracting Party may notify that fact to the Director general in a declaration.
b) the declaration referred to in subpara. a) i) shall specify the form and mandatory contents of any statement or document required for the purposes of the al. (2) the declaration referred to in subpara. (a) ii) shall specify the form and mandatory contents of the oath or certificate required.

(2) [identity of the creator and assignment of international application] where an international application contains the designation of a Contracting Party which has made the declaration referred to in the al. ((1)) i), i) it shall also contain indications concerning the identity of the creator of the design or industrial design, together with a declaration, in accordance with the requirements under s.. (1) (b)), that it believes to be the creator of the design or industrial design; the person so identified as the creator shall be deemed to be the applicant for the purposes of the designation of that Contracting Party, irrespective of the person named as the applicant in accordance with rule 7(3)(i)) i); ii) if the person identified as the creator is not that indicated as the applicant in accordance with rule 7(3)(i)) i) the international application must be accompanied by a statement or document, consistent with the requirements under the al. (1) (b)), establishing it has been assigned by the person identified as the creator to the person named as the applicant. This last is recorded as the holder of the international registration.

(3) [identity of the creator and oath or certificate of creator] where an international application contains the designation of a Contracting Party which has made the declaration referred to in the al. ((1)) ii), it shall also contain indications concerning the identity of the creator of the industrial design.

New content according to the D of the Ass. of the Union of the Hague from 2 oct. 2013, in force since 1 Jan. 2014 (2014 2383 RO).

Rule 9 Reproductions of the industrial design 1) [form and number of reproductions of the design or industrial design] a) reproductions of the industrial design must be, at the option of the applicant, photographs or any other graphic representations of the industrial design itself or of the product constituting. The same product can be shown from different angles; views corresponding to different angles must appear on photographs or other representations graphics distinctes.b) any reproduction shall be submitted in a specified number of copies specified in the administrative instructions.

((2) [requirements concerning reproductions] a) reproductions shall be of a sufficient quality for all details of the registered industrial design appear clearly and so that a publication is possible.b) the elements that appear in a reproduction but which are not the subject of an application for protection may be indicated as provided for in the administrative instructions.

(3) [views required] has) subject to subpara. (b), any Contracting Party bound by the 1999 Act which requires certain views specific of the products which constitute the industrial design or in relation to which the industrial designs must be used should notify the Director-general in a statement, specifying the views that are required and the circumstances in which they the sont.b) no Contracting Party may require more than one view in the case of an industrial design or a product two-dimensional or more than six views Where the product is three-dimensional.

4) [refusal on grounds relating to the reproductions of the industrial design] a Contracting Party may not refuse the effects of the international registration on the ground that requirements relating to the form of the reproductions of the industrial design that are additional to the requirements notified by that Contracting Party in accordance with the al. (3) a) or summer different from are, according to its law, not filled. A Contracting Party may however refuse the effects of the international registration on the ground that the reproductions contained in the international registration are not sufficient to disclose fully the industrial designs.

Rule 10 Specimens of the industrial design in the event of a request for deferment of publication 1) [number of specimens] where an international application governed exclusively by the 1999 Act contains a request for deferment of publication in relation to a (two-dimensional) industrial design and, instead of being accompanied by the reproductions referred to in rule 9, is accompanied by specimens of the industrial design (, it shall be accompanied by the following number of specimens: i) one for the international Bureau; IATT) one for each designated Office that has notified the international Bureau, under art. 10.5) of the 1999 Act, that it wishes to receive copies of international registrations.

(2) [specimens] all the specimens must fit in a single packet. Specimens may be folded. Maximum package weight and dimensions are specified in the administrative instructions.

Rule 11 identity of creator; Description; claim 1) [identity of creator] where the international application contains indications concerning the identity of the creator of the industrial design, the name and address of the person shall be given in accordance with the administrative instructions.
(2) [description] where the international application contains a description, it must relate to elements that appear in the reproductions of the industrial design and may not be State of technical details regarding the operation of the industrial design or its employment opportunities. If the description exceeds 100 words, an additional fee specified in the schedule of fees shall be paid.

3. [claim] A declaration under art. (5.2) has) of the 1999 Act that the legislation of a Contracting Party requires a claim for an application for protection of an industrial design under this law be accorded a filing date shall specify the exact wording of the required claim. Where the international application contains a claim, the wording of this claim must comply with the terms of the declaration.

Rule 12 fees concerning the international application 1) [prescribed fees] has) the international application gives rise to 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 provided for in art 7.2) of the 1999 Act or under rule 36(1)); iii) an individual designation fee for each designated Contracting Party that has made the declaration provided for in art. 7.2) of the 1999 Act or under rule 36(1)); iv) a publication fee.

(b) the amount of the fees referred to in points) i, ii and iv) is fixed in the schedule of fees.

(2) [date on which taxes must be paid] the fees referred to in the al. 1) must, subject to para. (3), be paid at the time of the filing of the international application, with the exception of the publication fee which, where the international application contains a request for deferment of publication, may be paid later in accordance with rule 16.3) has).
(3) [individual fee payable in two parts] has) the declaration referred to in art. 7.2) of the 1999 Act or under rule 36(1)) may also specify that the individual fee due for the Contracting Party concerned comprises two parts, the first to be paid at the time of the filing of the international application and the second at a later date which is determined in accordance with the legislation of the Contracting Party concernee.b) when para. (a) applies, the reference in the al. ((1) iii) to an individual designation fee shall be construed as a reference to the first part of the designation individuelle.c fee) the second part of the individual designation fee may be paid either to the Office concerned or through the international Bureau, at the option of the registrant directly. When it is paid directly to the Office concerned, it shall notify that fact to the international Bureau, and the international Bureau records the notification in the international register. When it is paid through the international Bureau, it registered the payment in the international register and shall notify that fact to the concerne.d Agency) when the second part of the individual designation fee is not paid within the applicable period, the Office concerned shall notify the international Bureau and request the international Bureau to cancel the registration of the international registration in the international register in respect of the Contracting Party concerned. The international Bureau shall proceed accordingly and shall notify that fact to the holder.

Rule 13 international application filed through an Office 1) [Date of receipt by Office and transmittal to the international Bureau] where an international application governed exclusively by the 1999 Act is filed through the Office of the applicant's contracting party, that Office shall notify the applicant the date on which it received the application. At the same time as it transmits the international application to the international Bureau, the Office shall notify the international Bureau the date on which it received the application. The Office shall notify the applicant the fact that it has transmitted the international application to the international Bureau.
(2) [transmittal fee] an Office that requires a transmittal fee, as provided for the art. 4.2) 4.2) of the 1999 Act, shall notify the international Bureau, the amount of such fee, which should not exceed the administrative costs for the reception and transmission of the international application, and its due date.
((((3) [filing date of international application filed indirectly] subject to rule 14.2), the filing date of an international application filed through an Office is i) when the international application is governed exclusively by the 1999 Act, the date on which the Office has received the international application, provided that it is received by the international Bureau within a period of one month from this date; ii) in all other cases the date on which the international Bureau receives the international application.

(4) [filing date where applicant's contracting party requires a security clearance] Notwithstanding the al. 3), a Contracting Party whose law, at the time that it becomes party to the 1999 Act, requires security clearance may, in a declaration, notify the Director general that the period of one month referred to in that paragraph is replaced by a period of six months.

Rule 14 examination by the international Bureau 1) [time limit for correcting irregularities] if the international Bureau finds that the international application does not, at the time of its receipt by the international Bureau, the applicable requirements, it shall invite the applicant to rectify it within a period of three months from the date of the invitation sent by the international Bureau.
(2) [irregularities entailing a postponement of the filing date of the international application] 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 a postponement of the filing date of the international application, the filing date is the date on which the correction of such irregularity is received by the international Bureau. The irregularities which are prescribed as irregularities entailing a postponement of the filing date of the international application are the following: a) the international application is not drawn up in one of the prescribed languages; b) one of the following is not contained in the international application: i) an express or implicit indication that called for an international registration under the 1999 Act or by the 1960 Act (((, ii) indications allowing the identity of the applicant, iii) indications sufficient to permit to enter into relations with the applicant or his representative, if any, iv) a reproduction or, in accordance with art. 5.1) iii) of the 1999 Act, a specimen, of each industrial design subject to the international application, v) the designation of at least one Contracting Party.

(3) [international application considered abandoned; reimbursement of fees] where one irregularity, other than an irregularity referred to in art. (8.2) (b)) of the 1999 Act, is not corrected within the time limit referred to in the al. 1), the international application is considered abandoned and the international Bureau shall refund the fees paid in respect of that application, after deduction of an amount corresponding to the basic fee.

New content according to the D of the Ass. of the Union of the Hague of 1 oct. 2009, in force since 1 Jan. 2010 (2011 969 RO).

Rule 15 registration of the industrial design in the international register 1) [registration of the design or industrial design in the international register] where the international Bureau considers that the international application meets the requirements, he registered industrial design in the international register and send a certificate to the holder.
(((((((2) [contents of the registration] the international registration contains i) all the data contained in the international application, except any priority claim under rule 7.5) c) when the date of the earlier filing six months before more iii) the date of the international registration; iv) the number of the international registration, the date of filing of the international application; ii) any reproduction of the design or industrial design; v) the relevant class determined by the international Bureau of the international classification.

(Rule 16 deferment of publication 1) [maximum period of deferment] (a)) the prescribed period for deferment of publication in respect of an international application governed exclusively by the 1999 Act shall be 30 months from the date of filing or, where priority is claimed, from the date of priority of the application concernee.b) the maximum period for deferment of publication in respect of an international application governed exclusively by the 1960 or the time act by the 1999 Act and the 1960 Act shall be 12 months from the date of filing or, where priority is claimed, from the date of priority of the application concerned.

(2) [period for withdrawal of designation where deferment is not possible under applicable law] the period referred to in art. (11.3) i) of the 1999 Act for the applicant to withdraw the designation of a Contracting Party whose law does not allow the deferment of publication is one month from the date of the notification sent by the international Bureau.
(3) [period for paying publication fee]

((a) the publication referred to in rule 12(1)(a)(iv) fee) has) iv) must be paid at the latest three weeks before the expiry of the period of deferment applicable under art. 11.2) of the 1999 Act or under art. (6.4) has) Act 1960, or at the latest three weeks before the period of deferment is considered as expired pursuant to art. (11.4) has) of the 1999 Act or in art. 6.4) b) of the Act of 1960.b) three months before the expiry of the deferment period referred to in subpara. (a), the international Bureau address to the holder of the international registration an unofficial notice reminding him, as appropriate, the date by which the publication fee referred to para. a) must be paid.

(4) [time limit for registration of reproductions and reproductions]) where specimens have been submitted instead of reproductions in accordance with rule 10, those reproductions must be handed in no later than three months before the expiry of the time limit to pay the publication provided for in s. fee. (3.a) .b) the international Bureau records any reproduction submitted under subpara. (a) in the international register, provided that the requirements of rule 9.1) and 2) are met.

(5) [requirements not satisfied] if the requirements of paras. ((3) and 4) are not satisfied, the international registration is cancelled and is not published.

New content according to the D of the Ass. of the Union of the Hague from 2 oct. 2013, in force since 1 Jan. 2014 (2014 2383 RO).
New content according to the D of the Ass. of the Union of the Hague from 2 oct. 2013, in force since 1 Jan. 2014 (2014 2383 RO).
New content according to the D of the Ass. of the Union of the Hague from 2 oct. 2013, in force since 1 Jan. 2014 (2014 2383 RO).

Rule 17 Publication of the international registration 1) [Date of publication] the international registration is published: i) where the applicant requests, immediately after the registration; ii) where deferment of publication has been requested and this request has been taken into account, immediately after the date on which the period of deferment expired or is considered as expired; iii) in all other cases six months after the date of the international registration or as soon as possible after this date.

((((2) [contents of publication] the publication of the international registration in the bulletin shall contain: i) the data recorded in the international register; ii) the reproductions of the industrial design; iii) where publication has been deferred, an indication of the date on which the period of deferment expired or is considered as expired.

Chapter 3 refusals and invalidations rule 18 Notification of refusal 1) [period for notification of refusal] a) the time limit for the notification of refusal of the effects of an international registration in accordance with art. 12.2) of the 1999 Act or in art. 8.1) of the 1960 Act is six months from publication of the international registration as provided in rule 26.3) .b) Notwithstanding para. (a), any Contracting Party whose Office is an examining Office scrutiny, or whose law provides for the possibility of opposition to the grant of protection, may, in a declaration, notify the Director general that, where it is designated under the 1999 Act, the period of six months referred to in the said subparagraph is replaced by a period of 12 mois.c) in the declaration referred to in subpara. (b)), it can also be stated that the international registration shall produce the effect referred to in art. 14.2) has) of the Act of 1999 at the latest i) at a time specified in the declaration, which may be subsequent to the date referred therein but not more than six months, OKE) at the time where protection is granted in accordance with the legislation of the Contracting Party, where the communication, within the period applicable under subpara. (a) or (b)), of a decision concerning the grant of protection was unintentionally omitted. in this case, the Office of the Contracting Party concerned shall notify this fact to the international Bureau and strives to communicate without delay the decision to the holder of the international registration concerned.

((2) [notification of refusal] a) the notification of any refusal shall relate to one international registration, be dated, and be signed by the Office that the fait.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, together with a reference to the essential relevant provisions of law; iv) where the grounds on which the refusal is based refer to the similarity with an industrial design which has been the subject of an application or of an earlier national, regional or international registration, the date and filing number, the priority date (where appropriate), the date and registration number (if available), a copy of a reproduction of the earlier industrial design (if that reproduction is accessible to the public) and the name and address of the owner of said design or industrial design ((, in the manner provided for in the administrative instructions; v) where the refusal concerns all the industrial designs that are the subject of the international registration, those that he is or is not; vi) the fact that the refusal is or is not open to review or appeal and, if so, the reasonable having regard to the circumstances, to present a request for review of the refusal or an appeal against it as well as the authority to know of this request review or this appeal, with indication, where appropriate, from the requirement to submit the request for review or appeal through an agent who has his address in the territory of the Contracting Party whose Office has pronounced the refusal; etvii) the date on which the refusal was pronounced.

(3) [notification of division of an international registration] if, following a notification of refusal referred to in art. 13.2) of the 1999 Act, an international registration is divided before the Office of a designated Contracting Party to overcome a ground of refusal stated in the said notification, that Office shall notify the international Bureau data division, such as specified in the administrative instructions.
(((((4) [notification of withdrawal of refusal] a) notification of any withdrawal of refusal shall relate to one international registration, be dated, and be signed by the Office that the fait.b) the notification shall contain or indicate: i) the Office making the notification; ii) the number of the international registration; iii) where the withdrawal does not all designs to which the refusal applied (, those that he is or is not; iv) the date on which the international registration produces the same effects as a grant of protection under the applicable law; ETV) the date on which the refusal was withdrawn.

(c) where the international registration has changed in a procedure before the Office, the notification shall also contain or indicate all changes.

(5) [Recording] the international Bureau shall record any notification received under s. in the international register. ((1) c) ii), 2) or 4) with an indication, in the case of a notification of refusal, of the date on which the notification of refusal was sent to the international Bureau.
(6) [transmittal of copies of notifications] the international Bureau transmits to the holder a copy of the notifications received pursuant to para. ((1) c) ii), 2) or 4).

New content according to the D of the Ass. the Union of the Hague from 30 sept. 2014, in force since 1 Jan. 2015 (2015 3715 RO).

Rule 18declaration of grant of protection 1) [statement of grant of protection where no notification of refusal has been communicated] has) an Office which has not communicated a notification of refusal may, within the period applicable under rule 18(1)) has) or b), send to the international Bureau a statement according to which the protection of industrial designs, or some designs (((((, as applicable, that are the subject of the international registration is granted in the Contracting Party concerned, on the understanding that, when rule 12.3) if applies, the grant of protection shall be subject to the payment of the second part of the designation individuelle.b fee) the declaration must indicate: i) the Office making the statement; ii) the number of the international registration; iii) if the statement is not all industrial designs covered by the international registration (, those to which it relates; iv) the date on which the international registration produces or produce the same effect as a grant of protection under the applicable law; ETV) the date of the declaration.


c) when the international registration has been changed in a procedure before the Office, the statement shall also contain or indicate all the modifications.d) Notwithstanding subparagraph a), when the rule 18.1) c) i) or ii) applies, as the case may be, or where protection is granted to industrial designs result of changes in a procedure before the Office, it shall send to the international Bureau the statement referred to in subparagraph a) .e) the applicable time limit referred to in subparagraph a) must be the time limit pursuant to rule 18.1) c)) i or ii), as appropriate, to produce the same effects as the grant of protection under the applicable law, with respect to the designation of the Contracting Party having made a declaration under any of the above-mentioned rules.

(2) [statement of grant of protection following a refusal] a) an Office which has communicated a notification of refusal and has decided to withdraw, partially or totally, this refusal may, in lieu of a notification of withdrawal of refusal in accordance with rule 18.4) has), send to the international Bureau a statement according to which the protection of industrial designs (((((, or some of the designs or industrial designs that are the subject of the international registration is granted in the Contracting Party concerned, on the understanding that, when rule 12.3) if applies, the grant of protection shall be subject to the payment of the second part of the designation individuelle.b fee) the declaration must indicate: i) the Office making the notification; ii) the number of the international registration; iii) if the statement is not all industrial designs subject to registration International, those that it is or is not; iv) the date on which the international registration produces the same effects as a grant of protection under the applicable law; ETV) the date of the declaration.

(c) where the international registration has changed in a procedure before the Office, the statement shall also contain or indicate all changes.

(3) [recording, information of the holder and transmittal of copies] the international Bureau shall record any statement received under this rule in the international register, inform the holder accordingly and, where the statement was communicated, or can be reproduced, in the form of separate document, transmit a copy of that document to the holder.

Introduced by D of the Ass. the Union of the Hague from 30 sept. 2008 (2011 963 RO).
New content according to the D of the Ass. the Union of the Hague from 30 sept. 2014, in force since 1 Jan. 2015 (2015 3715 RO).
New content according to the D of the Ass. the Union of the Hague from 30 sept. 2014, in force since 1 Jan. 2015 (2015 3715 RO).

Rule 19 irregular refusals 1) [Notification not regarded as such] has) a notification of refusal is not regarded as such by the international Bureau and is not recorded in the international register: i) if it does not indicate the number of the international registration corresponding, unless other indications contained in the notification permit to identify this record; ii) if it does not indicate any grounds for refusal; or III) if it is addressed to the international Bureau after the expiration of the time limit applicable under rule 18(1)(b)).

(b) when para. (a) applies, the international Bureau, unless it can not identify the international registration concerned, transmit a copy of the notification to the holder, at the same time inform the holder and the Office that sent the notification that it is not regarded as such by the international Bureau and has not been recorded in the international register, and shall give the reasons.

((2) [irregular notification] if the notification of refusal i) is not signed on behalf of the Office which communicated the refusal, or does not meet the conditions laid down under rule 2, ii), where applicable, meets the requirements of rule 18(2)(b)(iv)) b) iv), iii) does not indicate, where applicable, the authority to request for review or the appeal and the time limit (((((((, reasonable in the circumstances in which this request or appeal must be submitted (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 however records the refusal in the international register and transmit copy of the notification to the holder. If so requested by the holder, the international Bureau shall invite the Office that 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 any review or appeal, the Office of the Contracting Party whose competent authority has pronounced the invalidation shall notify, where it is aware, this fact to the international Bureau. The notification must indicate: i) the authority which pronounced the invalidation; ii) the fact that the invalidation is more subject to appeal; iii) the number of the IR; iv) where the invalidation concerns all the industrial designs that are the subject of the international registration, those that it is or is not; v) the date on which the invalidation has been pronounced and the date on which it takes effect.

(2) [recording of the invalidation] the international Bureau shall record the invalidation in the international register together with the data contained in the notification of invalidation.

Chapter 4 changes and corrections rule 21 recording of a change 1) [Presentation of the request] has) an application for registration must be presented to the international Bureau on the official form appropriate when this application relates to: i) a change of holder of registration for any or all of the industrial designs that are the subject of the international registration; ii) a change of name or address of the holder; iii) a renunciation of the international registration in respect of a several or all of the Contracting Parties designated; iv) a limitation, in respect of one, several or all of the designated Contracting Parties, on a part of the industrial designs that are the subject of the international registration.

(b) the application must be presented by the holder and signed by him; However, a request for recording of change in ownership may be presented by the new owner, provided that it is: i) signed by the holder; OKE) signed by the new owner and accompanied by an attestation from the competent authority of the Contracting Party of the holder that the new owner appears to be the successor in title of the holder.

((((2) [contents of the request] the request for recordal of a change shall contain or indicate, in addition to the requested change: i) the number of the international registration concerned; ii) the name of 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 ((, the new owner of the international registration; iv) in the event of change in ownership of the international registration, the Contracting Parties for which the new owner fulfills the conditions to be the holder of an international registration; v) in the event of change in ownership of the international registration which concerns all the industrial designs and all Contracting Parties designated the numbers of the industrial designs and the Contracting Parties affected by the change in ownership; warrents) the amount paid taxes and the method of payment, or instruction to debit the required amount of taxes on an account opened with the international Bureau, as well as the identity of the author of the payment or the instructions.

(3) [request not admissible] a change in ownership of an international registration may be recorded in respect of a designated Contracting Party if that Contracting Party is not bound by an act to which the Contracting Party, or one of the Contracting Parties, indicated under para. ((2) iv) is linked.
(4) [irregular request] if the enrollment request fails to comply with the applicable requirements, the international Bureau shall notify that fact to the holder and, if the request was presented by a person claiming to be the new owner, to that person.
(5) [time allowed to remedy irregularity] the irregularity may be remedied within three months from the date of its notification by the international Bureau. If the irregularity is not corrected within this period, the application is considered abandoned and the international Bureau shall notify that fact at the same time to the holder and, if the request was presented by a person claiming to be the new owner, to that person, and it shall refund all fees paid after deduction of an amount corresponding to one-half of the relevant fees.
(6) [recording and notification of a change]

(a) provided that the request is in order, the international Bureau promptly record the change in the international register and inform the holder. With regard to the recordal of a change in ownership, the international Bureau shall inform both the new holder and the holder anterieur.b) the change should be included in the date of receipt by the international Bureau of the request complying with the applicable requirements. However, when the application indicates that the change should be recorded after another change, or after renewal of the international registration, the international Bureau responds to this request.

(7) [recordal of partial change in ownership] assignment or other transfer of the international registration for some only of the industrial designs, or some only of the designated Contracting Parties is recorded in the international register under the number of the international registration of which a part has been assigned or transmitted; the part transferred or transmitted is deregistered under the number of the said international registration and is the subject of a separate international registration. This separate international registration shall bear the number, accompanied by a capital letter, of the international registration of which a part has been assigned or transmitted.
(8) [recording of merger of international registrations] where the same person becomes the holder of several international registrations resulting from a partial change in ownership, these recordings shall be merged at the request of the said person and the al. (1)-6) shall apply mutatis mutandis. The international registration resulting from the merger will bear the number, accompanied, where appropriate, with a capital letter, of the international registration of which a part has been assigned or transmitted.

Rule 21declaration that a change in ownership has no effect 1) [the declaration and its effects] the Office of a Contracting Party designated may declare that a change in ownership in the international register has no effect in that Contracting Party. This declaration has the effect that, with respect to that Contracting Party, the international registration concerned remains on behalf of the assignor.
(2) [contents of the declaration] the declaration referred to in the al. ((1) must indicate: a) the reasons for which the change in ownership has no effect; b) the essential provisions of the Act; c) when the statement concerns all the industrial designs that are the subject of the change in ownership, those concerned; ETD) the fact that this statement is or is not capable of review or appeal and, if so, the reasonable having regard to the circumstances, for filing a request for review of this statement or an appeal against it as well as the authority competent to entertain this application for review or this appeal, with indication, where appropriate, from the requirement to submit the request for review or appeal through an agent who has his address on the territory of the Contracting Party whose Office has pronounced the statement.

(3) [time limit for sending the return] the declaration referred to in the al. (1) must be sent to the international Bureau within six months of the date of the publication of the change in ownership or in the period of refusal applicable under art. 12.2) of the 1999 Act or of art. 8.1) of the 1960 Act, the period which expires no later than whichever is less.
(4) [registration and notification of the declaration; consequential amendment of the international register] the international Bureau in the international register any declaration made in accordance with para. (3) and modify the international register so that the part of the international registration which has been the subject of the said declaration is recorded as a separate international registration on behalf of the previous holder (transferor). The international Bureau notifies that fact to the previous holder (transferor) and the new owner (transferee).
(5) [withdrawal of a declaration] any declaration made in accordance with para. (3) may be withdrawn, in whole or in part. The withdrawal of the declaration shall be notified to the international Bureau that recorded it in the international register. The international Bureau modify the international register accordingly, and shall notify this fact to the previous holder (transferor) and the new owner (transferee).

Introduced by D of the Ass. of the Union of the Hague October 5. 2011, in force since 1 Jan. 2012 (2012 2557 RO).

Rule 22 corrections in the international register 1) [correction] where the international Bureau, acting ex officio or at the request of the holder, considers that the international register contains an error with respect to an international registration, it shall modify the register and inform the holder accordingly.
(2) [refusal of effects of correction] the Office of any Contracting Party designated has the right to declare in a notification to the international Bureau that it refuses to recognize the effects of the correction. Rules 18 and 19 shall apply mutatis mutandis.

New content according to the D of the Ass. the Union of the Hague from 30 sept. 2008, in force since 1 Jan. 2009 (2011 963 RO).

Chapter 5 renewals rule 23 unofficial notice of expiry Six months before the expiry of a period of five years, the international Bureau sends to the holder and the representative, if any a notice indicating the date of expiry of the international registration. The fact that this notice of expiry is not received is not an excuse for breach of one any of the time limits provided for in rule 24.

Rule 24 details concerning renewal 1) [fees] has) the international registration shall be renewed upon payment of the following fees: i) a basic fee; ii) a standard designation fee for each Contracting Party designated under the 1999 Act that has not made the declaration provided for in art. (7.2) of the 1999 Act, and each Contracting Party designated under the 1960 Act, for which the international registration is to be renewed; iii) an individual designation fee for each Contracting Party designated under the 1999 Act that has made the declaration provided for in art. 7.2) of the 1999 Act and for which the international registration is to be renewed.

(b) the amount of fees referred to in points i and ii) of sous-al. (a) is fixed in the schedule of the taxes.c) the payment of the fees referred to in subpara. (a) must be made no later than on the date on which the renewal of the international registration shall be carried out. However, it may still be made within a period of six months from the date on which the renewal of the international registration shall be made, provided that the surcharge specified in the schedule of fees to be paid in same temps.d) any payment for the purposes of renewal is received by the international Bureau more than three months before the date on which the renewal of the international registration shall be carried out is considered as having been received three months before that date.

(2) [further details] a) where the holder does not wish to renew the international registration i) with respect to a designated Contracting Party, OKE) against any drawings or designs that are the subject of the international registration, payment of the required fees shall be accompanied by a statement indicating the Contracting Party or the numbers of the designs industrial designs for which the international registration is not to be renewed.

(b) where the holder wishes to renew the registration for a designated Contracting Party notwithstanding the fact that the maximum period of protection of the designs in that Contracting Party has expired, payment of the required fees, including the standard designation fee or the individual designation fee, as appropriate, for that Contracting Party, shall be accompanied by a statement that the renewal of the international registration must be registered in the international with respect to register This contractante.c part) where the holder wishes to renew the international registration in respect of a designated Contracting Party notwithstanding the fact that a refusal is recorded in the international register for that Contracting Party in relation to all the industrial designs concerned, payment of the required fees, including the standard designation fee or the individual designation fee, as the case (, for that Contracting Party, shall be accompanied by a statement specifying that the renewal of the international registration must be registered in the international with respect to this part contractante.d register) the international registration may not be renewed in respect of a designated Contracting Party in respect of which an invalidation has been recorded for all the industrial designs under rule 20 or for which a renunciation has been recorded under rule 21. The international registration may not be renewed in respect of a designated Contracting Party for the industrial designs for which an invalidation in that Contracting Party has been recorded under rule 20 or for which a limitation has been recorded under rule 21.

(3) [insufficient payment]

(a) if the amount of the fees received is less than that which is required for renewal, the international Bureau notifies that fact promptly and at the same time the holder and the representative, if any. The notification shall specify the remaining amount du.b) if at the expiration of the period of six months referred to in the al. 1) c), the amount of the fees received is less than that which is required for renewal, the international Bureau does not record the renewal, shall refund the amount received and shall notify this fact to the holder and the representative, if any.

Rule 25 recording of the renewal; certificate 1) [recordal and effective date of the renewal] renewal is recorded in the international register with the date which it was due, even if the fees required are paid within the period of grace referred to in rule 24(1)(a)(i)) c).
(2) [certificate] the international Bureau sends a certificate of renewal to the holder.

Chapter 6 Publication rule 26 Publication 1) [information concerning international registrations] the international Bureau shall publish in the bulletin relevant data concerning: i) international registrations, in accordance with rule 17; ii) refusals, indicating if there is a possibility of review or appeal, but without the grounds for refusal, and other communications recorded under rules 18.5) and 18.3); iii) invalidations recorded under rule 20.2); iv) changes of holder and mergers, changes in the name or address of the holder, renunciations and limitations recorded under rule 21; v) corrections effected under rule 22; vi) renewals recorded under rule 25(1)); vii) international registrations which have not been renewed; viii) radiation recorded under rule 12.3) d); xi) statements that a change in ownership has no effect and withdrawal such statements under rule 21.

(2) [information concerning declarations; other information] the international Bureau publishes on the Web site of the organization any declaration made by a Contracting Party under the 1999 Act, the Act of 1960 or the regulations and a list of the days where it is expected that the international Bureau will not be open to the public during the current calendar year and the following year.
(3) [mode of publishing the bulletin] the bulletin is published on the website of the organization. The publication of each issue of the bulletin is deemed to replace the sending of the bulletin referred to in art. 10.3) b) and 16.4) of the 1999 Act and in art. (6.3) b) of the 1960 Act, and, for the purposes of art. 8.2) of the 1960 Act, each issue of the bulletin is deemed to be received by each Office concerned at the date of its publication on the website of the organization.

New content according to the D of the Ass. of the Union of the Hague October 5. 2011, in force since 1 Jan. 2012 (2012 2557 RO).
New content according to the D of the Ass. of the Union of the Hague from 2 oct. 2013, in force since 1 Jan. 2014 (2014 2383 RO).
New content according to the D of the Ass. of the Union of the Hague October 5. 2011, in force since 1 Jan. 2012 (2012 2557 RO).
New content according to the D of the Ass. of the Union of the Hague October 5. 2011, in force since 1 Jan. 2012 (2012 2557 RO).

Chapter 7 fees rule 27 amounts and payment of fees 1) [amounts of fees] the amounts of fees due under the 1999 Act, the 1960 Act and of the regulations of, other than the individual fee referred to in rule 12(1)(a)(iv)) has) iii), are specified in the schedule of fees that is annexed to these regulations and forms part.
(2) [payment]) subject to subpara. ((b) and of rule 12.3 c), the fees are paid directly to the international.b Office) where the international application is filed through the Office of the applicant's contracting party, the fees which must be paid in connection with this application can be made through that Office if it accepts to collect and transfer and the applicant or the holder so wishes. Any Office which accepts to collect and forward such fees shall notify that fact to the Director general.

(3) [modes of payment] fees shall be paid to the international Bureau in accordance with the administrative instructions.
(((4) [indications accompanying the payment] at the payment of a fee to the international Bureau, it is necessary to indicate the name of the applicant, the industrial designs concerned i) before international registration, and the object of payment; ii) after 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 subpara. b), a tax is deemed to be paid to the international Bureau the day where the international Bureau receives the amount requis.b) where the required amount is available in an account opened with the international Bureau and the Office received from the account holder the instruc-tion to operate a levy, the tax is deemed to be paid to the international Bureau the day where the international Bureau receives an international application an amendment registration request or instruction to renew an international registration.

(6) [change in the amount of the fees]) where an international application is filed through the Office of the Contracting Party of the applicant and that the amount of the fees payable for the filing of the international application is changed 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 tax is the one that was in effect at the first of these two dates.b) when the amount of the fees payable for the renewal of an international registration is changed between the date of payment and the date on which renewal is due, the amount that is applicable is that which was in force at the date of payment ((, or at the reporting date as payment under rule 24.1) d). Where the payment takes place after the date on which renewal was due, the amount that is applicable is that in force on this date.c) where the amount of one fee other than the fees referred to in paras. ((a) and b) is amended, the applicable amount is that which was in force at the date on which the fee was received by the international Bureau.

New content according to the D of the Ass. of the Union of the Hague of 1 oct. 2009, in force since 1 Jan. 2010 (2011 969 RO).

Rule 28 currency of payment 1) [Obligation to use Swiss currency] all payments to the international Bureau in accordance with the present regulations must be made in Swiss currency irrespective of the fact that, where the fees are paid through an Office, that Office may have collected those fees in another currency.
(2) [establishment of the amount of individual designation fees in Swiss currency]) when a Contracting Party made under art. 7.2) of the 1999 Act or under rule 36(1)), a statement that it wants to receive an individual designation fee indicated to the international Bureau the amount of this fee expressed in the currency used by its Office.b) when, in the declaration referred to in subpara. (a) the tax is listed in one currency other that the Swiss currency, the Director general established the amount of the fee in Swiss currency, after consultation with the Office of the Contracting Party concerned, on the basis of the official rate of exchange of the Nations Unies.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 Contracting Party is higher or lower by at least 5% to the last exchange rate applied for the determination of the amount of the fee in Swiss currency, the Office of that Contracting Party may ask the Director general to establish a new amount of the fee in Swiss currency on the basis of the applicable United Nations official exchange rate the day before where this request is made. The Director general takes the necessary arrangements for this purpose. The new amount shall apply from the date fixed by the Director general, on the understanding that this date is located not earlier than one month and no later than two months after the date of publication of the said amount on the website of the Organisation.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 is lower by at least 10% in the last exchange rate applied to the determination of the amount of the fee in Swiss currency, the Director general shall establish a new amount of the fee in Swiss currency on the basis of the applicable United Nations official exchange rate. The new amount shall apply from the date fixed by the Director general, on the understanding that this date is located not earlier than one month and not later than two months after the date of publication of the said amount on the website of the organization.

New content according to the D of the Ass. of the Union of the Hague October 5. 2011, in force since 1 Jan. 2012 (2012 2557 RO).
New content according to the D of the Ass. of the Union of the Hague October 5. 2011, in force since 1 Jan. 2012 (2012 2557 RO).

Rule 29 entry of the amount of the fees to the credit of the Contracting Parties concerned


Any tax standard designation or any individual designation fee paid to the international for a Contracting Party Bureau is credited to the account of that Contracting Party with the international Bureau during the month following that of the recordal of the international registration or renewal for which that fee has been paid or, as regards the second part of the individual designation fee , upon its receipt by the international Bureau.

Chapter 8...

Rules 30 and 31 repealed by D of the Ass. of the Union of the Hague of 1 oct. 2009, with effect from 1 Jan. 2010 (2011 969 RO).

Chapter 9 Miscellaneous rule 32 extracts, copies and information concerning published international registrations 1) [modalities] against payment of a fee whose amount shall be fixed in the schedule of fees, any person may obtain from the international Bureau, in respect of any published international registration: i) extracts from the international register; ii) certified copies of entries made in the international or the parts of the file of the international registration register; iii) uncertified copies of made entries in the (international register or documents in the file of the international registration; iv) written information on the contents of the international register or on the documents in the file of the international registration; v) a photograph of a specimen.

(2) [exemption from authentication, legalization or any other certification] when a document referred to in the al. (((1) i) and ii) bears the seal of the international Bureau and it is signed the Director general or a person acting on his behalf, no authority of a Contracting Party may request an authentication, legalization or any other certification of this document, seal or signature, by any other person or another authority. This paragraph applies mutatis mutandis to the certificate of international registration referred to in rule 15.1).

Rule 33 amendment of certain rules 1) [requirement of unanimity] amendment of the following provisions of the present regulations require unanimity of the Contracting Parties bound by the 1999 Act: i) rule 13.4); ii) rule 18.1).

(2) [requirement of a four-fifths majority] amendment of the following provisions of the present regulations and of the al. ((3) of this rule requires a majority of four fifths of the Contracting Parties bound by the 1999 Act: i) rule 7.7); ii) rule 9.3) b); iii) rule 16.1) has); iv) rule 17.1) iii).

(3) [procedure] any proposal for amending a provision referred to in the al. (1) or 2) is sent to all Contracting Parties at least two months before the opening of the session of the Assembly which is called upon to take a decision on this proposal.

Rule 34 Administrative Instructions 1) [establishment of administrative instructions and processed materials] a) the Director general shall establish administrative instructions. The Director general may modify them. The Director-general shall consult the Offices of Contracting Parties on the administrative instructions proposed or on their proposees.b changes) the administrative instructions deal with questions for which the present regulations refers expressly said instructions and details on the application of the present regulations.

(2) [control by the Assembly] the Assembly may invite the Director general to modify any provision of the administrative instructions, and the Director general shall proceed accordingly.
((3) [publication and effective date] a) the administrative instructions and any modification given to them are published on the website of the Organisation.b) each publication shall specify the date on which the published provisions come into force. The dates may be different for different provisions, provided that no provision may enter into force before its publication on the website of the organization.

(4) [conflict between the administrative instructions and the 1999 Act, the 1960 Act or these regulations] in case of conflict between any provision of the administrative, a hand, and a provision of the Act, 1999, of the 1960 Act or the regulations, on the other hand, it is the latter that premium.

New content according to the D of the Ass. of the Union of the Hague October 5. 2011, in force since 1 Jan. 2012 (2012 2557 RO).
New content according to the D of the Ass. of the Union of the Hague October 5. 2011, in force since 1 Jan. 2012 (2012 2557 RO).
New content according to the D of the Ass. of the Union of the Hague of 1 oct. 2009, in force since 1 Jan. 2010 (2011 969 RO).

Rule 35 Declarations made by Contracting Parties to the 1999 1 Act) [establishment and coming into effect of declarations] art. 30.1) and 2) of the 1999 Act shall apply mutatis mutandis to any declaration under rules 8(1)), 9.3) a), 13.4) or 18.1) b) and took effect.
(2) [withdrawal of declarations] any declaration referred to in the al. (1) may be withdrawn at any time by 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 the notification. (In the case of a declaration made under rule 18(1)(b)) b), withdrawal is not affect an international registration whose date is earlier than the taking effect of the withdrawal.

Rule 36 Declarations made by Contracting Parties to the Act of 1960 1) [individual designation fee] for the purpose of art. 15.1) 2 ° b) of the 1960 Act, any contracting party to the 1960 Act whose Office is an examining Office may, in a declaration, notify the Director General that, for any international application in which it is designated under the 1960 Act, referred to in rule 12(1)(a)(iv) prescribed designation fee) a) ii) is replaced by an individual designation fee of which the amount is indicated in the declaration and can be changed in any subsequent statements. This amount may not exceed an amount equivalent to that which the Office of that Contracting Party would be entitled to receive from the applicant for a granted protection for an equivalent period to the same number of industrial designs, the amount in question being reduced by the amount of the savings resulting from the international procedure.
(2) [maximum duration of protection] each Contracting Party to the 1960 Act shall notify the Director general, in a statement, the maximum duration of protection provided for by its legislation.
(3) [time at which declarations may be made] any declaration under para. (1) and 2) can be made i) at the time of the deposit of an instrument referred to in art. (26.2) of the 1960 Act, in which case it shall take effect on the date on which the State having made the declaration becomes bound by this Act, OKE) after the deposit of an instrument referred to in art. 26.2) of the 1960 Act, in which case it shall take effect one month after the date of its receipt by the Director general or at any later date which is indicated but applies to any international registration whose date is the same or later than the date on which it took effect.

Rule 37Dispositions transitory 1) [transitional provision relating to the 1934 Act] has) for the purposes of this provision: i) "1934 Act" means the Act signed at London on 2 June 1934, of the Hague Agreement ii) "Contracting Party designated under the 1934 Act" means a Contracting Party registered as such in the international register; iii) a reference to "international application" or "international registration" shall be deemed to include where appropriate, a reference to "international deposit" referred to in the 1934 Act.

(b) the common regulations to the 1999 Act, the 1960 Act and the 1934 Act of the Hague Agreement as it was applicable before 1 January 2010 continue to apply with respect to an international application filed before that date and still pending at that date and for any Contracting Party designated under the 1934 Act in an international registration resulting from an international application filed before that date.

(2) [transitional provision relating to the languages] rule 6 as it was applicable before 1 April 2010 continue to apply with respect to an international application filed before that date and of the international registration resulting therefrom.

Introduced by D of the Ass. of the Union of the Hague of 1 oct. 2009, in force since 1 Jan. 2010 (2011 969 RO).
[RS 11 988; 1975 1599 RO. RO 2010 403] schedule of fees (in force on January 1, 2015) I. Requests international Swiss Francs 1. Tax base2 1.1 for a drawing or model - 397 1.2 for each additional design included in the same international application 19 - 2. Publication fee 2.1 for each reproduction to be published 17 - 2.2 for each reproduction to be published in color 75 - 2.3 for each page, in addition to the first, on which one or more reproductions are presented (where the reproductions are submitted on paper) 150 - 3. Additional fee where the description exceeds 100 words (per word exceeding 100) 2-4. Designation standard3 fee * 4.1 where level one applies: 4.1.1 for one design template - 42 4.1.2 for each additional design included in the same international application 2 - 4.2 where level two applies: 4.2.1 for one design 60 -


4.2.2 for each additional design included in the same international application 20 - 4.3 where level three applies: 4.3.1 for one design model 90 - 4.3.2 for each additional design included in the same international application 50 - 5. Individual designation fee (the amount of the individual designation fee is fixed by each Contracting Party concerned) 4 * II. …

6....

III. renewal of an international registration resulting from an international application governed exclusively or partly by the 1960 Act or by the Act of 1999 Swiss Francs 7. Basic fee 7.1 for one design model 200 - 7.2 for each additional design included in the same international registration 17 - 8. Standard designation fee 8.1 for one design model 21. - 8.2 for each additional design included in the same international registration 1. - 9. Individual designation fee (the amount of the individual designation fee is fixed by each Contracting Party concerned) 10. Surcharge (period of grace) 5 * IV. …

11 and 12. …

V. listing various Swiss Francs 13. Change in ownership 144 - 14. Change in name or address of the holder 14.1 for one international registration 144 - 14.2 for each additional international registration of the same holder included in the same application for registration - 72 15. Waiver - 144 16. Limitation 144 - VI. Information concerning published international registrations 17 Swiss Francs. Supply of an extract from the international register relating to a published international registration 144 - 18. Supply of non-certified copies conforming the international register or documents in the file of a published international registration 18.1 up to five pages 26 - 18.2 per page in addition to the fifth, if its requested copies at the same time and relate to the same international registration published 2-19. Supply of certified copies conforming the international register or documents in the file of a published international registration 19.1 up to five pages 46 - 19.2 per page in addition to the fifth if the copies are requested at the same time and relate to the same international registration 2-20. Supply of a photograph of a specimen 57 - 21. Providing written information on the contents of the international register or of the file of a published international registration 21.1 for one international registration 82 - 21.2 for any additional international registration concerning the owner, if the same information is requested at the same time 10-22. Searches the list of holders of published international registrations 22.1 per search on the name of a person or entity determined - 82 22.2 for each international registration found beyond the first 10-23. Surcharge for the communication of extracts, copies, information or search by telefacsimile (per page) reports - 4 VII. Services provided by the international Bureau 24. The international Bureau is authorized to collect a fee, which it itself sets the amount for services that are not covered by this schedule of fees.

Updated according to the Ass D. the Union of the Hague from 30 sept. 2008 (RO 2011 963), from oct 1. 2009 (RO 2011 969) and from 30 sept. 2014, in force since 1 Jan. 2015 (2015 3715 RO).
* For international applications filed by applicants whose entitlement to this regard derives exclusively from a connection to a country from the category of least developed countries (LDCs), in accordance with the list established by the United Nations, or with an intergovernmental organization the majority of States whose members are LDCs, the fees for the international Bureau are reduced to 10% of the prescribed amounts (rounded to the nearest whole number). This reduction applies also in respect of an international application filed by an applicant whose entitlement in this regard derives not solely a connection with such an intergovernmental organization, provided that any other right of the applicant in this regard stems from a connection with a Contracting Party which belongs to the category of LDCs or, failing that, which is a Member State of that intergovernmental organization and that in this case, the international application is governed exclusively by the 1999 Act. Case of several applicants, each must satisfy those criteria. -Where such fee reduction applies, the basic fee amounted to 40 Swiss francs (for one design) and 2 Swiss francs (for each additional design included in the same international application or drawing), the publication fee amounted to 2 Swiss francs for each reproduction and 15 Swiss francs for each page, in addition to the first on which are presented one or more reproductions, and the additional fee where the description exceeds 100 words moved to 1 Swiss franc per group of five words beyond 100.
* For international applications filed by applicants whose entitlement to this regard derives exclusively from a connection to a country from the category of least developed countries (LDCs), in accordance with the list established by the United Nations, or with an intergovernmental organization the majority of States whose members are LDCs, the standard fees are reduced to 10% of the prescribed amounts (rounded to the nearest whole number). This reduction applies also in respect of an international application filed by an applicant whose entitlement in this regard derives not solely a connection with such an intergovernmental organization, provided that any other right of the applicant in this regard stems from a connection with a Contracting Party which belongs to the category of LDCs or, failing that, which is a Member State of that intergovernmental organization and that in this case, the international application is governed exclusively by the 1999 Act. Case of several applicants, each must satisfy those criteria. - where such fee reduction applies, the standard designation fee amounted to 4 Swiss francs (for one design) and 1 Swiss franc (for each additional design included in the same international application or drawing) for level one, 6 Swiss francs (for one design) and 2 Swiss francs (for each additional design included in the same international application) for level two, and 9 Swiss francs (for one design) and 5 Swiss francs (for each additional design included in the same international application or drawing) for level three.
[WIPO note]: recommendation adopted by the Assembly of the Hague Union:-"contracting parties that make, or that have made, a declaration under art. (7.2) of the 1999 Act or under rule 36(1)) of the common regulations are encouraged to indicate, in that declaration or in a new declaration, that for international applications filed by applicants whose right in this connection is a connection with a country of the category of least developed countries, in accordance with the list established by the United Nations the individual fee to be paid for their designation is reduced to 10% of the amount normally collected (rounded to the nearest whole number). Those contracting parties are further encouraged to indicate that the reduction applies, provided that any other right of the applicant in this regard stems from a connection with a Contracting Party which belongs to the category of least developed countries or, failing that, which is a Member State of that intergovernmental organization and that, in this case, the international application is governed exclusively by the 1999 Act".
50% of the renewal basic fee.

State on January 1, 2015

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