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RS 0.232.121.42 Common Regulations of September 30, 2003, to the 1999 Act and the 1960 Act of the Hague Agreement (with Schedule)

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

Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement 1

Adopted by the Assembly of the Hague Union on 30 September 2003

Entered into force on 1 Er April 2004

(State 1 Er January 2015)

Chapter I General provisions

Rule 1 1 Definitions

1) [ Abbreviated Expressions ] For the purposes of these Regulations, the following shall be understood:

(i)
" 1999 Act 2 ", the Act signed at Geneva on July 2, 1999, of the Hague Agreement;
(ii)
" 1960 Act 3 ", the Act signed at The Hague on November 28, 1960, of the Hague Agreement;
(iii)
An expression used in these Regulations and is defined in s. The first of the 1999 Act has the same meaning as in this Act;
(iv)
"Administrative Instructions" means the Administrative Instructions referred to in Rule 34;
(v)
"Communication" means any international application or request, declaration, invitation, notification or information relating to or attached to an international application or to an international registration addressed to the Office of a Contracting Party, to the International Bureau, to the applicant or holder by any means authorized by these Regulations or the Administrative Instructions;
(vi) 4
"Official form" means a form established by the International Bureau or an electronic interface made available by the International Bureau on the website of the Organization, or of any form or electronic interface having The same content and format;
(vii)
"International classification" means the classification established under the Locarno Agreement Establishing an International Classification for Industrial Designs;
(viii)
"Prescribed fee" means the applicable fee indicated in the Schedule of Fees;
(ix)
"Bulletin" means the periodical bulletin in which the International Bureau makes the publications provided for in the 1999 Act, in the 1960 Act or in these 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 Party Applicant's Contracting Party is bound, either by application of s. 31.1), first sentence, of the 1999 Act;
(xi)
"Contracting Party designated under the 1960 Act" means a designated Contracting Party in respect of which the 1960 Act is applicable, or because it is the only common Act to which that designated Contracting Party and the State Of origin referred to in s. 2 of the 1960 Act are related, either by application of s. 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 the designated Contracting Parties are Contracting Parties designated under the 1960 Act;
(xiv)
"International application governed by both the 1999 Act and the 1960 Act" means an international application in respect of which:
-
At least one Contracting Party has been designated under the 1999 Act, and
-
At least one Contracting Party has been designated under the 1960 Act;

(2) [ Correspondence between Certain Expressions Used in the 1999 Act and the 1960 Act ] For the purposes of these Regulations:

(i)
A reference to the expressions "international application" or "international registration" is deemed to include, where appropriate, a reference to the expression "international deposit" referred to in the 1960 Act;
(ii)
A reference to the terms "applicant" and "owner" is deemed to include, where applicable, a reference to the terms "applicant" and "owner" referred to in the 1960 Act;
(iii)
A reference to the term "Contracting Party" shall be deemed to include, where appropriate, a reference to a State Party to the 1960 Act;
(iv)
A reference to the expression "Contracting Party of which the Office is an Examining Office" shall be deemed to include, where appropriate, a reference to the expression "State carrying out a novelty examination" as defined in Art. 2 of the 1960 Act;
(v)
A reference to the expression "individual designation fee" is deemed to include, where applicable, a reference to the fee referred to in s. 15.1) (2) (b) of the 1960 Act.

1 New content according to the D of the Ass. Of the Hague Union of 1 Er Oct. 2009, effective from 1 Er Jan 2010 ( RO 2011 969 ).
2 RS 0.232.121.4
3 RS 0.232.121.2
4 New content according to the D of the Ass. From the Hague Union of 2 October. 2013, in effect since 1 Er Jan 2014 ( RO 2014 2383 ).

Rule 2 Communications with the International Bureau

Communications addressed to the International Bureau shall be effected in the manner 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 international registration. 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 office of attorney, or patent or trademark attorney, has been indicated to the International Bureau as an agent, it is considered to be a sole representative.

(2) [ Appointment of representative ]

(a)
The appointment of a representative may be made in the international application, provided that the application is 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 specified international registrations of the same applicant or holder. Such 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; Effective Date of Appointment of Representative ]

(a)
Where the International Bureau finds that the appointment of a representative complies with the applicable requirements, it shall record in the 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 International Bureau shall notify the entry referred to in subpara. (a) both to the applicant or holder and to the representative.

4) [ Effects of Appointment of Representative ]

(a)
Unless otherwise expressly provided in these Regulations, the signature of a representative recorded in accordance with para. (3) (a) shall replace the signature of the applicant or holder.
(b)
Except where this Regulations expressly require that a communication be addressed to both the applicant or holder and the representative, the International Bureau shall address to the representative listed under para. (3) (a) any communication which, in the absence of an agent, should be addressed to the applicant or holder; any communication so addressed to that representative shall have the same effect as if it had been addressed to the applicant or holder.
(c)
Any communication addressed to the International Bureau by the representative recorded in accordance with para. (3) (a) has the same effect as if it had been addressed to it by the applicant or owner.

5) [ Write-off of registration; effective date of cancellation ]

(a)
Any entry made under para. (3) (a) is 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 Agent.
(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 whose recordal has been cancelled and to the applicant or holder.
Rule 4 Calculation of Time Limits

1) [ Time Limits Expressed in Years ] Any period expressed in years shall expire, in the subsequent year to be taken into account, the month with the same name and the day having the same number as the month and the day of the event which runs the time limit; however, if the event is Product on February 29 and that in the subsequent year to be taken into consideration the month of February has 28 days, the deadline expires on February 28.

(2) [ Time Frames In Months ] Any period expressed in months shall expire, in the subsequent month to be taken into account, on the day having the same number as the day of the event which runs the time limit; however, if the subsequent month to be taken into consideration does not have a day which The same amount, the time limit expires on the last day of that month.

(3) [ Time Frames In Days ] Any period expressed in days shall begin to run the day following the day on which the relevant event takes place and shall expire 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 when the International Bureau or the Office concerned is not open to the public, the time limit shall expire, notwithstanding paras. (1) to (3), the first day after the International Bureau or the Office concerned is open to the public.

Rule 5 Disturbances in the postal service and in mail delivery companies

1) [ Communications sent through a postal service ] Failure by an interested party to comply 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 proof, in a satisfactory manner for the International Bureau, que

(i)
The communication was sent at least five days before the expiration of the time limit or, when the postal service was interrupted during any of the ten days preceding the date of expiry of the period for war, revolution, Civil disorder, strike, natural calamity or other similar reasons, the communication was sent no later than five days after the return of the postal service;
(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 dispatch; and
(iii)
Where the mail, in certain categories, does not normally arrive at the International Bureau within two days of its dispatch, the communication has been sent to a category of mail which normally reaches the International Bureau Within two days of the shipment, or was by air.

(2) [ Communications sent through a mail delivery company ] Failure by an interested party to comply 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 manner Satisfactory to the International Bureau, that

(i)
The communication was sent at least five days before the expiration of the time limit or, when the operation of the mail delivery company was interrupted during any of the ten days preceding the date of expiry of the time limit For reasons 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 delivery undertaking; and
(ii)
The data relating to the sending of the communication were registered by the mail delivery company at the time of sending.

(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 para. (1) or (2) and the communication or a duplicate thereof shall be received by the International Bureau not later than six months after the expiration of the time limit.

Rule 6 1 Languages

1) [ International Application ] The international application shall be in English, French or Spanish.

(2) [ Registration and publication ] The entry in the International Register and the publication in the Bulletin of the international registration and of any data relating to that international registration which must be the subject of both registration and publication in These Regulations are made in English, French and Spanish. The recording and publication of the international registration shall include the indication of the language in which the International Bureau received the international application.

(3) [ Communications ] Any communication relating to an international application or an international registration shall be drafted:

(i)
In English, French or Spanish where such 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 such communications are to be drafted in English, French or Spanish;
(iii)
In the language of the international application where the communication is addressed by the International Bureau to the applicant or holder, unless that applicant or holder has indicated that he wishes to have all such communications prepared in French, written in English or in Spanish.

4) [ Translation ] The translations that are necessary for the purposes of the entries and publications made under para. (2) shall be established 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.


1 New content according to the D of the Ass. Of the Hague Union of 1 Er Oct. 2009, effective from 1 Er Jan 2010 ( RO 2011 969 ).

Chapter 2 International Application and International Registration

Rule 7 Requirements Concerning the International Application

1) [ Form and signature ] The international application must be submitted on the official form. The international application must be signed by the applicant.

(2) [ Taxes ] The prescribed fees which are applicable to the international application shall 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 Contracting Party in respect of which the applicant complies with the requirements for the holder of an international registration;
(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 product (s) constitute the industrial design or are related products With which the industrial design is to be used; the product (s) should preferably be indicated by means of the terms appearing in the list of 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 industrial designs 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 the fees on an account opened with the International Bureau, and the identity of the author of the payment or instructions.

4) 1 [ Mandatory Additional Content of the International Application ]

(a)
In 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 applicant's Contracting Party.
(b)
Where a Contracting Party designated under the 1999 Act has notified the Director General, in accordance with Art. 5.2) (a) of the 1999 Act, that its legislation requires one or more of the elements referred to in s. (5.2) (b) of the 1999 Act, the international application shall contain that element or elements, presented in the manner prescribed in Rule 11.
(c)
Where Rule 8 applies, the international application shall, as the case may be, contain the particulars referred to in paras. 2) and 3) of this rule and be accompanied by any declaration, document, oath or attestation referred to in that rule.

5) [ Optional Contents of the International Application ]

(a)
Any element referred to in item (i) or (ii) of Art. 5.2) (b) of the 1999 Act or Art. (8.4) (a) of the 1960 Act 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 made in accordance with Art. (2) (a) of the 1999 Act or as a result of a requirement under s. 8.4 (a) of the 1960 Act.
(b)
Where the applicant has a representative, the international application shall contain the name and address of the representative indicated in accordance with the Administrative Instructions.
(c)
Where the applicant wishes, pursuant to Art. 4 of the Paris Convention, benefit from the priority of an earlier filing, the international application must contain a declaration claiming the priority of that earlier filing, together with the indication of the name of the Office with which it was Date and, if available, the number of that deposit and, where the priority claim does not apply to all the industrial designs included in the international application, the indication of those to which It applies or does not apply.
(d)
Where the applicant wishes to avail himself of s. 11 of the Paris Convention, the international application must contain a declaration that the product or products which constitute or incorporate the industrial design have been included in an official international exhibition or Officially recognized, as well as the place of the exhibition and the date on which it was first presented; where the industrial designs included in the international application are not all concerned, the International application must indicate those to which the declaration applies or does not apply.
(e)
Where the applicant wishes the publication of the industrial design to be deferred, the international application shall contain a request for deferment of publication.
(f)
The international application may also contain any statement, document or other relevant indication that the Administrative Instructions may specify.
(g)
The international application may be accompanied by a statement indicating the information which, to the knowledge of the applicant, is relevant in establishing that the design concerned satisfies the conditions of protection.

6) 2 [ Excluding additional items ] If the international application contains indications other than those required or permitted by the 1999 Act, the 1960 Act, these Regulations or the Administrative Instructions, the International Bureau shall delete them Office. If the international application is accompanied by documents other than those required or authorized, the International Bureau may dispose of it.

7) [ All products must belong to the same class E] All the goods 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 classification class International.


1 New content according to the D of the Ass. From the Hague Union of 2 October. 2013, in effect since 1 Er Jan 2014 ( RO 2014 2383 ).
2 New content according to the D of the Ass. Of the Hague Union of 1 Er Oct. 2009, effective from 1 Er Jan 2010 ( RO 2011 969 ).

Rule 8 1 Special Requirements Concerning the Applicant and the Creator

1) [ Notification of Special Requirements Concerning the Applicant and the Creator ]

(a) (i) Where the law of a Contracting Party bound by the 1999 Act requires that an application for the protection of an industrial design be filed in the name of the creator of the design, that Contracting Party may notify that fact to the Director General in a statement.
(ii)
Where the law of a Contracting Party bound by the 1999 Act requires an oath or an attestation by the creator, that Contracting Party may notify that fact to the Director General in a declaration.
(b)
The statement referred to in subpara. (a) (i) shall specify the form and mandatory content of any declaration or document required for the purposes of para. 2). The statement referred to in subpara. (a) (ii) shall specify the required form and content of the oath or attestation required.

(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 para. 1) (a) (i),

(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 set out in para. (1) (b), according to which the latter 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 identified as the creator is not the one indicated as the applicant under Rule 7 (3) (i), the international application must be accompanied by a declaration or document, in accordance with the requirements of Al. (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.

(3) [ Identity of Creator and Oath or Certification of Creator ] Where an international application contains the designation of a Contracting Party that has made the declaration referred to in para. (1) (a) (ii), it shall also contain indications concerning the identity of the creator of the industrial design.


1 New content according to the D of the Ass. From the Hague Union of 2 October. 2013, in effect since 1 Er Jan 2014 ( RO 2014 2383 ).

Rule 9 Reproductions of the Industrial Design

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 industrial design itself or of the product (s) that constitute it. The same product can be shown from different angles; views corresponding to different angles must appear on separate photographs or other graphic representations.
(b)
Any reproduction must be furnished in a specified number of copies specified in the Administrative Instructions.

(2) [ Conditions Relating to Reproductions ]

(a)
The reproductions must be of sufficient quality in order for all the details of the industrial design to appear clearly and for publication to be possible.
(b)
Elements which appear in a reproduction but which are not the subject of a request for protection may be indicated in the manner provided for in the Administrative Instructions.

(3) [ Required Views ]

(a)
Subject to subpara. (b), any Contracting Party bound by the 1999 Act 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 used shall notify it to 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 an industrial design or a two-dimensional product or more than six views where 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 industrial design that are in addition to the conditions notified by that Party Contracting in accordance with para. 3) (a) or which differ according to its law 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 industrial design in case of 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 respect of an industrial design (two-dimensional) and, instead of being accompanied by the reproductions referred to in the Rule 9, it is accompanied by specimens of the industrial design, it must be accompanied by the following number of specimens:

(i)
One for the International Bureau; and
(ii)
One for each designated Office that has notified the International Bureau under Art. 10.5) of the 1999 Act, which it wishes 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 Identity of Creator; Description; Claim

1) [ Creator Identity ] Where the international application contains indications concerning the identity of the creator of the industrial design, the name and address of the industrial design shall be given in accordance with the Administrative Instructions.

(2) [ Description ] Where the international application contains a description, the description shall relate to the elements appearing on the reproductions of the industrial design and shall not refer to technical details concerning the operation of the design or Industrial design or employment opportunities. If the description exceeds 100 words, an additional fee, as provided for in the Schedule of Fees, shall be paid.

3. [ Claiming ] A statement made under s. (2) (a) of the 1999 Act according to which 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 under that law shall indicate the The exact wording of the claim required. Where the international application contains a claim, the wording of that claim shall conform to the terms of that declaration.

Rule 12 Fees Concerning the International Application

1) [ Prescribed Fees ]

(a)
The international application shall give rise to 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) of the 1999 Act or Rule 36.1);
(iii)
An individual designation fee for each designated Contracting Party that has made the declaration under s. (7.2) of the 1999 Act or Rule 36.1);
(iv)
A publication fee.
(b)
The amount of the fees referred to in items (i), (ii) and (iv) shall be fixed in the Schedule of Fees.

(2) [ Date on which fees must be paid ] The fees referred to in para. 1) shall, subject to para. (3), be paid at the time of filing the international application, other than the publication fee which, where the international application contains a request for deferment of publication, may be paid subsequently in accordance with the Rule 16.3) (a).

(3) [ Individual designation fee payable in two parts ]

(a)
The declaration referred to in Art. (7.2) of the 1999 Act or Rule 36.1) may also specify that the fee for individual designation due for the Contracting Party concerned consists of two parts, the first to 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)
When subpara. (a) applies, the reference to para. (1) (iii) an individual designation fee is defined as 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 through 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, the International Bureau shall record the payment in the International Register and shall notify the Office concerned accordingly.
(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 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 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 shall notify the International Bureau of the date on which it received the application. The Office shall notify the applicant of 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 in s. 4.2) of the 1999 Act, shall notify the International Bureau of the amount of that fee, which should not exceed the administrative costs corresponding to the receipt and transmission of the international application, as well as its due date.

(3) [ Filing Date of an Indirectly filed International Application ] Subject to Rule 14 (2), the filing date of an international application filed through an Office shall be

(i)
Where the international application is governed exclusively by the 1999 Act, the date on which that Office received the international application, provided that the international application 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) [ Filing date where the applicant's Contracting Party requires a security check ] Notwithstanding para. (3) a Contracting Party whose legislation, on the date on which it becomes a Party to the 1999 Act, requires a security check may, in a declaration, notify the Director General that the period of one month specified in that paragraph is Replaced by a period of six months.

Rule 14 Consideration 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 receipt by the International Bureau, comply with the requirements, it shall invite the applicant to regularize it within three months from the date of the The invitation addressed by the International Bureau.

2) 1 [ Irregularities resulting in the 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 the postponement of the filing date of the international application, the date of Filing shall be the date on which the correction of that irregularity is received by the International Bureau. The deficiencies which are prescribed as irregularities resulting in the postponement of the filing date of the international application are as follows:

(a)
The international application is not 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 an international registration is required under the 1999 Act or the 1960 Act,
(ii)
Indications allowing the identification of the applicant,
(iii)
Sufficient indications to enter into relations with the applicant or his representative, if any,
(iv)
A reproduction or, in accordance with s. (5.1) (iii) of the 1999 Act, a specimen of each industrial design that is the subject of the international application,
(v)
The designation of at least one Contracting Party.

(3) [ International application deemed abandoned; refund of fees ] Where an irregularity, other than an irregularity referred to in s. 8.2 (b) of the 1999 Act, shall not be corrected within the period referred to in para. (1), the international application shall be deemed abandoned and the International Bureau shall refund the fees paid for that application, after deduction of an amount corresponding to the basic fee.


1 New content according to the D of the Ass. Of the Hague Union of 1 Er Oct. 2009, effective from 1 Er Jan 2010 ( RO 2011 969 ).

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 send a certificate to the holder.

(2) [ Record Content ] The international registration contains

(i)
All data contained in the international application, with the exception of any priority claim under Rule 7 (5) (c) 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 international registration number;
(v)
The relevant class, as determined by the International Bureau, of the International Classification.
Rule 16 Adjournment of publication

1) [ Maximum Adjournment Period ]

(a)
The prescribed period for deferment of publication in respect of an international application governed exclusively by the 1999 Act is 30 months from the filing date or, where priority is claimed, from the priority date Of the application concerned.
(b)
The maximum period of deferment of publication in respect of an international application governed exclusively by the 1960 Act or both by the 1999 Act and the 1960 Act is 12 months from the filing date or, where a priority is From the priority date of the application concerned.

(2) [ Time limit for withdrawal of designation where adjournment is not possible under applicable law ] The time limit under s. 11.3 (i) of the 1999 Act for the applicant to withdraw the designation of a Contracting Party whose legislation does not permit deferment of publication is one month from the date of the notification addressed by the International Bureau.

3) 1 [ Time limit for paying the publication fee ]

(a)
The publication fee referred to in Rule 12 (1) (a) (iv) shall be paid no later than three weeks before the expiration of the period of deferment applicable under Art. 11.2) of the 1999 Act or under s. 6.4) (a) of the 1960 Act, or no later than three weeks before the period of deferment is deemed to have expired in accordance with Art. (4) (a) of the 1999 Act or Art. 6.4) (b) of the 1960 Act.
(b)
Three months before the expiry of the period of deferment referred to in subpara. (a), the International Bureau shall send to the holder of the international registration an unofficial notice reminding the holder, where applicable, of the date before which the publication fee referred to in subpara. (a) shall be paid.

4) 2 [ Time Limit for Reproductions and Recording of Reproductions ]

(a)
Where specimens have been furnished in lieu of the reproductions in accordance with Rule 10, such reproductions must be surrendered no later than three months before the expiration of the time limit for paying the publication fee provided for in para. 3.a).
(b)
The International Bureau shall record any reproduction furnished under subpara. (a) in the International Register, provided that the requirements of Rule 9 (1) and (2) are complied with.

5) 3 [ Unsatisfied requirements ] If the requirements of paras. (3) and (4) are not complied with, the international registration is cancelled and not published.


1 New content according to the D of the Ass. From the Hague Union of 2 October. 2013, in effect since 1 Er Jan 2014 ( RO 2014 2383 ).
2 New content according to the D of the Ass. From the Hague Union of 2 October. 2013, in effect since 1 Er Jan 2014 ( RO 2014 2383 ).
3 New content according to the D of the Ass. From the Hague Union of 2 October. 2013, in effect since 1 Er Jan 2014 ( RO 2014 2383 ).

Rule 17 Publication of the International Registration

1) [ Date of publication ] The international registration shall be published:

(i)
Where the applicant so requests, immediately after registration;
(ii)
When deferment of publication has been requested and this request has been taken into 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) [ Publication content ] The publication of the international registration in the Bulletin shall contain:

(i)
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.

Chapter 3 Refusal and Disablement

Rule 18 Deny Notification

1) [ Delay to notify a refusal ]

(a)
The time limit prescribed for the notification of a refusal of the effects of an international registration in accordance with Art. 12.2) of the 1999 Act or Art. (8.1) of the 1960 Act is six months from the publication of the international registration as provided for in Rule 26.3.
(b)
Notwithstanding subpara. (a), any Contracting Party whose Office is an Examining Office, or whose legislation 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 six-month time limit referred to in that subparagraph shall be replaced by a period of 12 months.
(c)
In the statement referred to in subpara. (b) it may also be indicated that the international registration will produce the effects referred to in Art. (2) (a) of the 1999 Act
(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 subpara. (a) or (b), a decision on the grant of protection has been involuntarily omitted; in such case, the Office of the Contracting Party concerned shall notify the International Bureau accordingly and shall endeavour to communicate the decision to the holder without delay The international registration concerned.

(2) [ Deny Notification ]

(a)
The notification of any refusal shall relate to a single international registration, shall be dated and shall be signed by the Office which does so.
(b)
The notification shall contain or indicate:
(i)
The Office making the notification;
(ii)
The international registration number;
(iii)
All the grounds on which the refusal is based, accompanied by a reference to the corresponding essential provisions of the 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 earlier national, regional or international application or registration, the date and the filing number, the date Priority (if any), the date and 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 said industrial design, as provided for in the Administrative Instructions;
(v)
Where the refusal does not concern all the industrial designs which 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 appeal 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 authority Of that request for review or appeal, together with an indication, where appropriate, of the obligation to make the request for review or the appeal through an agent who has his or her address on the territory of the Contracting Party whose Office has pronounced the refusal; and
(vii)
The date on which the refusal was pronounced.

(3) [ Notification of the Division of an International Registration ] If, as a result of a notification of refusal referred to in s. 13.2) of the 1999 Act, an international registration is divided with the Office of a designated Contracting Party to remedy a ground of refusal indicated in the said notification, that Office notifies the International Bureau of the relevant data To the division, as specified in the Administrative Instructions.

4) 1 [ Notification of Withdrawal of Refusal ]

(a)
Any notification of withdrawal of a refusal must relate to a single international registration, shall be dated and shall be signed by the Office which does so.
(b)
The notification shall contain or indicate:
(i)
The Office making the notification;
(ii)
The international registration number;
(iii)
If the withdrawal does not concern all the designs to which the refusal applied, those which it concerns or does not concern;
(iv)
The date on which the international registration produces the same effects as the grant of protection under the applicable law; and
(v)
The date on which the refusal was withdrawn.
(c)
Where the international registration has been amended in a procedure before the Office, the notification shall also contain or indicate all the amendments.

5) [ Registration ] The International Bureau shall record in the International Register any notification received under para. (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) [ Providing copies of notifications ] The International Bureau shall transmit to the holder a copy of the notifications received under para. 1) (c) (ii), (2) or (4).


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

Rule 18 Bis 1 Declaration of Grant of Protection

1) 2 [D Grant of grant of protection where no notification of refusal has been communicated ]

(a)
An Office which has not communicated a notification of refusal may, within the time limit applicable under Rule 18 (1) (a) or (b), send to the International Bureau a declaration that the protection of industrial designs, or of certain Industrial designs, as the case may be, that are the subject of the international registration shall be granted in the Contracting Party concerned, on the understanding that, where Rule 12.3 applies, the grant of protection shall be subject to payment The second part of the individual designation fee.
(b)
The declaration must indicate:
(i)
The Office making the declaration;
(ii)
The international registration number;
(iii)
If the declaration does not concern all the industrial designs that are the subject of the international registration, those to which it relates;
(iv)
The date on which the international registration produces or produces the same effects as the grant of protection under the applicable law; and
(v)
The date of the return.
(c)
Where the international registration has been amended in a procedure before the Office, the declaration must also contain or indicate all the amendments.
(d)
Notwithstanding subparagraph (a), where Rule 18 (1) (c) (i) or (ii) applies, as the case may be, or where protection is granted to industrial designs as a result of changes in a procedure before the Office, the Office shall Send to the International Bureau the declaration referred to in subparagraph (a).
(e)
The applicable time limit referred to in subparagraph (a) shall be the time limit granted under Rule 18 (1) (c) (i) or (ii), as the case may be, to produce the same effect as the grant of protection under the applicable law, in respect of the Designation of the Contracting Party having made a declaration under one of the above-mentioned rules.

2) 3 [ Declaration of Grant of Protection Following Refusal ]

(a)
An Office which has communicated a notification of refusal and has decided to withdraw, in part or in whole, that refusal may, instead of a notification of withdrawal of refusal in accordance with Rule 18 (4) (a), send to the International Bureau a Declaration that the protection of industrial designs, or some of the industrial designs, which are the subject of the international registration is granted in the Contracting Party concerned, on the understanding that, Where Rule (12.3) applies, the grant of protection shall be subject to payment of the second Part of the individual designation fee.
(b)
The declaration must indicate:
(i)
The Office making the notification;
(ii)
The international registration number;
(iii)
If the declaration does not concern all the industrial designs which are the subject of the international registration, those which it concerns or does not concern;
(iv)
The date on which the international registration produces the same effects as the grant of protection under the applicable law; and
(v)
The date of the return.
(c)
Where the international registration has been amended in a procedure before the Office, the declaration must also contain or indicate all the amendments.

(3) [ Registration, holder information and transmission of copies ] The International Bureau shall record in the International Register any declaration received under this Rule, inform the holder thereof and, where the statement has been communicated, or may be reproduced, in the form of a separate document, Transmits a copy of this document to the holder.


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

Rule 19 Irregular Refusal

1) [ Notification not considered as such ]

(a)
A notification of refusal shall not be considered as such by the International Bureau and shall not be recorded in the International Register:
(i)
If it does not indicate the number of the corresponding international registration, unless other indications contained in the notification identify that registration;
(ii)
It does not indicate any grounds 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)
When subpara. (a) shall apply, the International Bureau shall, unless it cannot identify the international registration concerned, 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 It is not considered as such by the International Bureau and has not been recorded in the International Register, and indicates the reasons for it.

(2) [ Irregular Notification ] If the notification of refusal

(i)
Is not signed on behalf of the Office which communicated the refusal, or does not comply with the conditions established under Rule 2,
(ii)
Fails to meet the requirements of Rule 18 (2) (b) (iv), if any,
(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 be filed (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 shall, however, record the refusal in the International Register and transmit to the holder a copy of the notification. If requested by the holder, the International Bureau shall invite the Office which has communicated the refusal to regularize its notification without delay.

Rule 20 Invalidation in Designated Contracting Parties

1) [ Contents of the Invalidation Notification ] 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 Contracting Party whose competent authority has Pronounced the invalidation shall notify, when it is aware of it, that fact to the International Bureau. The notification shall indicate:

(i)
The authority that issued the disability;
(ii)
The fact that the invalidation is no longer subject to appeal;
(iii)
The international registration number;
(iv)
Where the invalidation does not concern 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 it takes effect.

(2) [ Invalidation registration ] The International Bureau records the invalidation in the International Register with the data contained in the notification of invalidation.

Chapter 4 Amendments and corrections

Rule 21 Enrolling a Change

1) [ Submitting the request ]

(a)
An application for registration must be submitted to the International Bureau on the appropriate official form where the 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 one, 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 part of the industrial designs which are the subject 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 it is:
(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 in title of the owner.

(2) [ Contents of the application ] The request for the recordal of a change shall contain or indicate, in addition to the requested amendment:

(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 agent;
(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 or Contracting Parties in respect of which the new owner meets the requirements for the holder of an international registration;
(v)
In the case of a change in ownership of the international registration which does not concern all industrial designs and all Contracting Parties, the numbers 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 debit the required amount of the fees in an account opened with the International Bureau, as well as the identity of the author of the payment or instructions.

(3) [ Application inadmissible ] A change in ownership of an international registration may not be recorded in respect of a designated Contracting Party where that Contracting Party is not bound by an Act to which the Contracting Party, or one of the Parties Contracting, as indicated in para. 2) (iv) is bound.

4) [ Irregular application ] Where the application does not comply with the requirements, the International Bureau shall notify that fact to the holder and, if the application has been made by a person claiming to be the new owner, to that person.

5) [ Time limit to correct 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 The new owner, to that person, and reimburses all taxes paid after deduction of an amount equal to one-half of the relevant fees.

6) [ Registration and Notification of a Change ]

(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 regard to the recording of a change in ownership, the International Bureau shall inform both the new holder and the previous holder.
(b)
The amendment shall be recorded on the date of receipt by the International Bureau of the eligible application. 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.

7) [ 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 some only of the designated Contracting Parties shall be 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 transferred.

8) [ 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 the s. 1) to 6) 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 part has been assigned or transferred.

Rule 21 Bis 1 Declaration that a change in ownership has no effect

1) [ The Declaration and its Effects ] The Office of a designated Contracting Party may declare that a change in ownership recorded in the International Register has no effect in that Contracting Party. That declaration has the effect that, in respect of the said Contracting Party, the international registration concerned remains in the name of the assignor.

(2) [ Contents of the declaration ] The declaration referred to in para. 1) shall indicate:

(a)
The reasons why the change in ownership has no effect;
(b)
The corresponding essential provisions of the law;
(c)
Where the declaration does not concern all the industrial designs which are the subject of the change in ownership, those which it concerns; and
(d)
The fact that the declaration is or is not subject to review or appeal and, if so, the time limit, reasonable in the circumstances, to make a request for review of that declaration or an appeal against it thus The competent authority to hear the request for review or appeal, together with an indication, where appropriate, of the obligation to make the request for review or the appeal through an agent who has his or her address on the The territory of the Contracting Party whose Office has made the declaration.

(3) [ Delay to send declaration ] The declaration referred to in para. (1) shall be sent to the International Bureau within six months from the date of publication of the said change in ownership or within the period of refusal applicable under Art. 12.2) of the 1999 Act or of Art. (8.1) of the 1960 Act, whichever time limit expires later.

4) [ Recording and Notification of the Declaration; Consequential Amendment of the International Register ] The International Bureau shall record in the International Register any declaration made in accordance with para. (3) and shall amend the International Register so that the part of the international registration which has been the subject of that declaration shall be recorded as a separate international registration in the name of the previous holder (transferor). The International Bureau notifies the previous holder (transferor) and the new owner (transferee) accordingly.

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, which shall enter it in the International Register. The International Bureau shall amend the International Register accordingly and notify accordingly the previous holder (transferor) and the new owner (transferee).


1 Introduced by D de l' Ass. From the Hague Union of 5 October. 2011, effective from 1 Er Jan 2012 ( RO 2012 2557 ).

Rule 22 Corrections in 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) 1 [ Rejection of the effects of the correction ] The Office of any designated Contracting Party shall have the right to declare, in a notification addressed to the International Bureau, that it refuses to acknowledge the effects of the correction. Rules 18 to 19 apply Mu Tatis mutandis .


1 New content according to the D of the Ass. Of the Hague Union of 30 September. 2008, effective from 1 Er Jan 2009 ( RO 2011 963 ).

Chapter 5 Renewals

Rule 23 Informal Notice of Maturity

Six months before the expiration of a period of five years, the International Bureau shall send a notice to the holder and the representative, indicating the date of expiry of the international registration. 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 laid down in Rule 24.

Rule 24 Details Concerning Renewal

1) [ Taxes ]

(a)
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 under s. (7.2) of the 1999 Act, and for 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 made the declaration under s. 7.2) of the 1999 Act and for which the international registration is to be renewed.
(b)
The amount of the fees referred to in subparagraphs (i) and (ii) of subpara. (a) shall be fixed in the Schedule of Fees.
(c)
Payment of the fees referred to in subpara. (a) shall be made no later than the date on which the renewal of the international registration is to 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 shall be considered to have been received three months before 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 industrial designs which are the subject of the international registration, the payment of the required fees shall be accompanied by a declaration indicating the Contracting Party or the numbers of the drawings or Industrial designs for which the international registration is not to 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 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, must be accompanied by a declaration that the renewal of the registration Shall be recorded in the International Register in respect of that Party Contracting Party.
(c)
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 respect of all 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 specifying that The renewal of the international registration shall be entered in the Register In respect of that Contracting Party.
(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 industrial designs under Rule 20 or in respect of which 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 has been 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 and at the same time notify the holder and the representative, if any. The notification shall specify the outstanding amount.
(b)
If, at the expiration of the six-month period referred to in para. (1) (c), the amount of the fees received shall be less than the amount required for renewal, the International Bureau shall not record the renewal, shall refund the amount received and shall notify the holder and the representative accordingly.
Rule 25 Registration of Renewal; Certificate

1) [ Registration and Effective Date of Renewal ] The 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 shall send a certificate of renewal to the holder.

Chapter 6 Publication 2

Rule 26 Publishing 1

1) 2 [ Information Concerning International Registrations ] The International Bureau shall publish in the Bulletin relevant relevant data:

(i)
International registrations, in accordance with Rule 17;
(ii)
Refusal, indicating whether there is a possibility of review or appeal, but without publication of the grounds for refusal, and other communications under Rules 18.5) and 18 Bis . 3);
(iii)
Invalidations entered under Rule 20.2);
(iv)
Changes in ownership and mergers, changes in the name or address of the holder, renunciations and limitations recorded under Rule 21;
(v)
Corrections made under Rule 22;
(vi)
Renewals registered under Rule 25.1);
(vii)
International registrations that have not been renewed;
(viii)
Write-offs under Rule 12.3 (d);
(xi)
Declarations that a change in ownership has no effect and the withdrawal of such declarations registered under Rule 21 Bis .

2) 3 [ Information about declarations; other information ] The International Bureau shall publish on the website of the Organization any declaration made by a Contracting Party under the 1999 Act, the 1960 Act or these Regulations and the list of days in 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) 4 [ How to publish the newsletter ] The newsletter is published on the website of the Organization. The publication of each issue of the bulletin is deemed to replace the mailing of the bulletin referred to in s. 10.3) (b) and 16.4) of the 1999 Act and Art. 6.3) (b) of the 1960 Act, and for the purposes of s. 8.2) of the 1960 Act, each issue of the Bulletin shall be deemed to be received by each Office concerned on the date of its publication on the website of the Organization.


1 New content according to the D of the Ass. From the Hague Union of 5 October. 2011, effective from 1 Er Jan 2012 ( RO 2012 2557 ).
2 New content according to the D of the Ass. From the Hague Union of 2 October. 2013, in effect since 1 Er Jan 2014 ( RO 2014 2383 ).
3 New content according to the D of the Ass. From the Hague Union of 5 October. 2011, effective from 1 Er Jan 2012 ( RO 2012 2557 ).
4 New content according to the D of the Ass. From the Hague Union of 5 October. 2011, effective from 1 Er Jan 2012 ( RO 2012 2557 ).

Chapter 7 Taxes

Rule 27 Amounts and Payment of Fees

1) 1 [ Tax Amounts ] The amounts of the fees due under the 1999 Act, the 1960 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 is an integral part of the Regulations.

(2) [ Payment ]

(a)
Subject to subpara. (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 applicant's Contracting Party, the fees which have to be paid in connection with that application may be paid through the Office if the Office agrees to To collect and transfer them and the applicant or owner so wishes. Any Office which accepts to collect and transfer such fees shall notify the Director General accordingly.

(3) [ Payment Methods ] Fees shall be paid to the International Bureau in accordance with the Administrative Instructions.

4) [ Indications Accompanying Payment ] When paying a fee to the International Bureau, it should be indicated,

(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) [ Payment Date ]

(a)
Subject to Rule 24.1 (d) and subpara. (b) a fee is 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 an account opened with the International Bureau and the Office has received the instruc-tion from the account holder, the fee shall be deemed to have been paid to the International Bureau on the day on which the Office Receives an international application, a request for recordal of an amendment, or the instruction to renew an international registration.

6) [ Modifying the amount of the fees ]

(a)
Where an international application is filed through the Office of the applicant's Contracting Party and the amount of the 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 applicable amount shall be that which was in force at Date of payment, or on the date considered as payment in accordance with Rule 24.1 (d). Where the payment occurs 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 subpara. (a) and (b) is amended, the applicable amount is that which was in force on the date on which the fee was received by the International Bureau.

1 New content according to the D of the Ass. Of the Hague Union of 1 Er Oct. 2009, effective from 1 Er Jan 2010 ( RO 2011 969 ).

Rule 28 Currency of payment

1) [ Obligation to use Swiss currency ] All payments to the International Bureau under these Regulations shall be made in Swiss currency irrespective of the fact that, if the fees are paid through an Office, that Office has been able to collect them In another currency.

(2) [ Establishment of the amount of individual designation fees in Swiss currency ]

(a)
Where a Contracting Party does, by virtue of s. (7.2) of the 1999 Act or under Rule 36.1), a declaration that it wishes to receive an individual designation fee, it shall indicate to the International Bureau the amount of that fee expressed in the currency used by its Office.
(b)
Where, in the statement referred to in subpara. (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) 1
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 greater or At least 5 % at the last exchange rate applied for the determination of the amount of the tax 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 United Nations official exchange rate applicable on the day before the day on which the 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 shall be no sooner than one month and not later than two months after the date of publication of the said amount on the website of The Organization.
(d) 2
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 less At least 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 United Nations Applicable. The new amount shall be applicable from the date fixed by the Director General, on the understanding that that date shall be no sooner than one month and not later than two months after the date of publication of the said amount on the website of The Organization.

1 New content according to the D of the Ass. From the Hague Union of 5 October. 2011, effective from 1 Er Jan 2012 ( RO 2012 2557 ).
2 New content according to the D of the Ass. From the Hague Union of 5 October. 2011, effective from 1 Er Jan 2012 ( RO 2012 2557 ).

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

Any standard designation fee or individual designation fee paid to the International Bureau in respect of a Contracting Party shall be credited to the account of that Contracting Party with the International Bureau in the following month The registration of the international registration or 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.

Chapter 8 ...

Rules 30 And 31 1

1 Repealed by D de l' Ass. Of the Hague Union of 1 Er Oct. 2009, with effect from 1 Er Jan 2010 ( RO 2011 969 ).

Chapter 9 Miscellaneous provisions

Rule 32 Extracts, Copies and Information Concerning Published International Registrations

1) [ Modalities ] Against payment of a fee 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 Register or of the documents in the file of the international registration;
(iii)
Non-certified copies of entries made in the International Register or of the 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) [ Authentication, legalization, or other certification ] Where a document referred to in para. (1) (i) and (ii) bears the seal of the International Bureau and is signed by the Director General or a person acting on his behalf, no authority of a Contracting Party may request authentication, legalization or any other certification Of this document, seal or signature by another person or authority. This paragraph shall apply Mutatis mutandis The international registration certificate referred to in Rule 15 (1).

Rule 33 Modifying certain rules

1) [ Requirement of Unanimity ] The amendment of the following provisions of this Regulations requires the unanimity of the Contracting Parties bound by the 1999 Act:

(i)
Rule 13.4);
(ii)
Rule 18 (1).

(2) [ Requirement for a four-fifths majority ] The amendment of the following provisions of this Regulations and paras. (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) (a);
(iv)
Rule 17 (1) (iii).

(3) [ Procedure ] Any proposal to amend a provision referred to in para. 1) or 2) shall be sent to all the Contracting Parties at least two months before the opening of the session of the Assembly which is convened to take a decision on this proposal.

Rule 34 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 of the Contracting Parties on the proposed Administrative Instructions or their proposed amendments.
(b)
The Administrative Instructions shall deal with matters in respect of which these Regulations expressly refer to the said instructions and particulars 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 shall act accordingly.

(3) [ Publication and entry into force ]

(a) 1
The Administrative Instructions and any changes made to them shall be published on the website of the Organization.
(b) 2
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 may enter into force before its publication on the website of the Organization.

4) 3 [ Divergence between the Administrative Instructions and the 1999 Act, the 1960 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 1999 Act, the 1960 Act or these Regulations, on the other hand, the latter shall prevail.


1 New content according to the D of the Ass. From the Hague Union of 5 October. 2011, effective from 1 Er Jan 2012 ( RO 2012 2557 ).
2 New content according to the D of the Ass. From the Hague Union of 5 October. 2011, effective from 1 Er Jan 2012 ( RO 2012 2557 ).
3 New content according to the D of the Ass. Of the Hague Union of 1 Er Oct. 2009, effective from 1 Er Jan 2010 ( RO 2011 969 ).

Rule 35 Declarations Made by Contracting Parties to the 1999 Act

1) [ Establishment and effect of declarations ] Art. 30.1) and (2) of the 1999 Act applies Mutatis mutandis Any declaration made under Rules (8.1), (9.3) (a), (13.4) or (18.1) (b) and its taking effect.

(2) [ Withdrawal of declarations ] Any declaration referred to in para. 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 does not affect an international registration whose date is earlier than that of the withdrawal effect.

Rule 36 Declarations Made by Contracting Parties to the 1960 Act

1) [ Individual Designation Fee ] For the purposes of s. (15.1) 2 ° (b) of the 1960 Act, any Contracting Party to the 1960 Act of which the Office is an Examining Office may, in a declaration, notify the Director General that, in respect of any international application in which it is designated, Under the 1960 Act, the prescribed designation fee referred to in Rule 12 (1) (a) (ii) is replaced by an individual designation fee, the amount of which is indicated in the declaration and may be amended in subsequent declarations. This amount may not exceed the amount equivalent to that which the Office of that Contracting Party would have the right to receive from the applicant for protection granted, for an equivalent period, to the same number of industrial designs, The amount in question is reduced by the amount of 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 declaration, of the maximum period of protection provided for in its legislation.

(3) [ When statements can be made ] Any declaration under paras. 1) and 2) may be made

(i)
At the time of deposit of an instrument referred to in s. 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, or
(ii)
After the deposit of an instrument referred to in s. 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 therein, but shall apply only to international registrations whose date is the same or After the date on which it took effect.
Rule 37 1 Transitional provisions

1) [ Transitional Provision for the 1934 Act ]

(a)
For the purposes of this provision:
(i)
"1934 Act" means the Act signed in London on June 2, 1934, of the Hague Agreement 2 ;
(ii)
"Contracting Party designated under the 1934 Act" means a Contracting Party recorded as such in the International Register;
(iii)
A reference to the expressions "international application" or "international registration" is deemed to include, where appropriate, a reference to the expression "international deposit" referred to in the 1934 Act.
(b)
The Common Regulations under the 1999 Act, the 1960 Act and the 1934 Act of the Hague Agreement as applicable before 1 Er January 2010 remains applicable in respect of an international application filed before that date and still pending on that date, and in respect of any Contracting Party designated under the 1934 Act in an international registration resulting therefrom An international application filed before that date.

(2) [ Transitional Provision for Languages ] Rule 6 as it was applicable before 1 Er April 2010 remains applicable in respect of an international application filed before that date and the international registration resulting therefrom.


1 Introduced by D de l' Ass. Of the Hague Union of 1 Er Oct. 2009, effective from 1 Er Jan 2010 ( RO 2011 969 ).
2 [RS 11 988; RO 1975 1599. RO 2010 403]

Schedule of Fees 1

(in force 1 Er January 2015)

I. International Applications

Swiss francs

1.
Basic Tax * 2

1.1 For a design

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 presented on paper)

150.-

3.
Additional fee where the description exceeds 100 words (per word exceeding 100 words E ) *

2.-

4.
Standard Designation Fee * 3 *

4.1 Where the level one applies:

4.1.1 For a design

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 a design

60.-

4.2.2 For each additional design included in the same international application

20.-

4.3 When Level Three applies:

4.3.1 For a design

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 Resuling from an International Application Governed Exclusively or Partly by the 1960 Act or the 1999 Act

Swiss francs

7.
Basic Tax

7.1 For a design

200.-

7.2 For each additional design included in the same international registration

17.-

8.
Standard Designation Fee

8.1 For a design

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 (grace period)

* 5 ***

IV. ...

11. And 12. ...

V. Miscellaneous subscriptions

Swiss francs

13.
Change in ownership

144.-

14.
Change of Name or Address of the Holder

14.1 For an 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

Swiss francs

17.
Supply of an extract of the International Register relating to a published international registration

144.-

18.
Supply of non-certified copies of the International Register or of documents in the file of an international registration published

18.1 Up to five pages

26.-

18.2 Per page in addition to the fifth, if the copies are requested at the same time and relate to the same published international registration

2.-

19.
Supply of certified copies of the International Register or of documents in the file of an international registration published

19.1 Up to five pages

46.-

19.2 By 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.
Supply in writing of information on the contents of the International Register or the file of an international registration published

21.1 For an International Registration

82.-

21.2 For any additional international registration concerning the holder, if the same information is requested at the same time

10.-

22.
Search the list of holders of published international registrations

22.1 Research involving the name of a specific natural or legal person

82.-

22.2 For each international registration found in addition to the first

10.-

23.
Surtax for the communication of excerpts, copies, information or research reports by fax (per page)

4.-

VII. Services Provided by the International Bureau

24.
The International Bureau is authorized to collect a fee, the amount of which is fixed by the International Bureau, for services not covered by this Schedule of Fees.

1 Updated according to the D of the Ass. Of the Hague Union of 30 September. 2008 ( RO 2011 963 ), 1 Er Oct. 2009 (RO 2011 969) and 30 September. 2014, in force since 1 Er Jan 2015 (RO) 2015 3715).
2 * For international applications filed by applicants whose right in that regard derives exclusively from a connection to a country of the least developed country (LDCs), in accordance with the list established by the United Nations United States, or an intergovernmental organization of which the majority of Member States are LDCs, the fees for the International Bureau shall be reduced to 10 per cent of the prescribed amount (rounded to the nearest whole number). This reduction also applies in respect of an international application filed by an applicant whose right in that regard does not arise exclusively from a connection to such an intergovernmental organization, provided that any other right The applicant in this respect arises from a connection to 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 that case, the international application is governed Exclusively by the 1999 Act. In the case of a plurality of applicants, each of them must meet these criteria. -Where this fee reduction applies, the basic fee shall be 40 Swiss francs (for a design) and 2 Swiss francs (for each additional design included in the same international application), the publication fee Is set at 2 Swiss francs for each reproduction and 15 Swiss francs for each page, in addition to the first, on which one or more reproductions are presented, and the additional fee where the description exceeds 100 words is established at 1 Swiss franc per group of five words beyond 100 E .
3 ** For international applications filed by applicants whose right in that regard derives exclusively from a connection to a country of the least developed country (LDCs), in accordance with the list established by the United Nations United States, or an intergovernmental organization whose majority of Member States are LDCs, the standard fees are reduced to 10 per cent of the prescribed amount (rounded to the nearest whole number). This reduction also applies in respect of an international application filed by an applicant whose right in that regard does not arise exclusively from a connection to such an intergovernmental organization, provided that any other right The applicant in this respect arises from a connection to 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 that case, the international application is governed Exclusively by the 1999 Act. In the case of a plurality of applicants, each of them must meet these criteria. - Where this fee reduction applies, the standard designation fee is set at 4 Swiss francs (for a design) and 1 Swiss franc (for each Additional design included in the same international application) for the level one, 6 Swiss francs (for a design) and 2 Swiss francs (for each additional design included in the same international application) For level two and 9 Swiss francs (for a design) and 5 Swiss francs (for each design Or additional model included in the same international application) for level three.
4 *** [Note by WIPO]: Recommendation adopted by the Assembly of the Hague Union:-" The Contracting Parties which make, or have done, the declaration provided for in Art. 7.2) of the 1999 Act or Rule 36.1) of the Common Regulations are encouraged to indicate, in that declaration or in a new declaration, that, in respect of international applications filed by applicants whose rights in that regard Arising exclusively from a connection to a country in the category of the least developed countries, in accordance with the list established by the United Nations, the individual fee payable for their designation shall be reduced to 10 per cent 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 that regard arises from a connection to a Contracting Party which belongs to the category of least - Or, failing that, which is a Member State of that intergovernmental organization and that, in that case, the international application is governed exclusively by the 1999 Act.
5 **** 50 % of the basic renewal fee.


State 1 Er January 2015