sou · GPB368 · 2002-01-01 00:00:00 — (b) Notwithstanding subparagraph (a), any Contracting Party may, in a declaration, notify the Director General that international applications may not be filed through its Office. (2) [Transmittal Fee in Case of Indirect Filing] The Office of any Contracting Party may require that the applicant pay a transmittal fee to it, for its own benefit, in respect of any international application filed through it. Contents of the International Application (1) [Mandatory Contents of the International Application] The international application shall be in the prescribed language or one of the prescribed languages and shall contain or be accompanied by (i)a request for international registration under this Act; (ii)the prescribed data concerning the applicant; (iii)the prescribed number of copies of a reproduction or, at the choice of the applicant, of several different reproductions of the industrial design that is the subject of the international application, presented in the prescribed ; however, where the industrial design is two-dimensional and a request for deferment of publication is made in accordance with paragraph (5), the international application may, instead of containing reproductions, be accompanied by the prescribed number of specimens of the industrial design; (iv)an indication of the product or products which constitute the industrial design or in relation to which the industrial design is to be used, as prescribed; (v)an indication of the designated Contracting Parties; (vi)the prescribed fees; (vii)any other prescribed particulars. (2)[Additional Mandatory Contents of the International Application] (a) whose Office is an Examining Office and whose law, at the time it becomes party to this Act, requires that an application for the grant of protection to an industrial design contain any of the elements specified in subparagraph (b) in order for that application to be accorded a filing date under that law may, in a declaration, notify the Director General of those elements. (b)The elements that may be notified pursuant to subparagraph (a) are the following: (i)indications concerning the identity of the creator of the industrial design that is the subject of that application; (ii)a brief description of the reproduction or of the characteristic features of the industrial design that is the subject of that application; (iii)a claim. (c) Where the international application contains the designation of a Contracting Party that has made a notification under subparagraph (a), it shall also contain, in the prescribed , any element that was the subject of that notification. (3)[Other Possible Contents of the International Application] The international application may contain or be accompanied by such other elements as are specified in the Regulations. (4)[Several Industrial Designs in the Application] Subject to such conditions as may be prescribed, an international application may include two or more industrial designs. (5) [Request for Deferred Publication] The international application may contain a request for deferment of publication. (1) [Claiming of Priority] (a) The international application may contain a declaration claiming, under Article 4 of the Convention, the priority of one or more earlier applications filed in or for any country party to that Convention or any Member of the . (b) The Regulations may provide that the declaration referred to in subparagraph (a) may be made after the filing of the international application. In such case, the Regulations shall prescribe the latest time by which such declaration may be made. (2) [International Application Serving as a Basis for Claiming Priority] The international application shall, as from its filing date and whatever may be its subsequent fate, be equivalent to a regular filing within the meaning of Article 4 of the Convention. (1) [Prescribed Designation Fee] The prescribed fees shall include, subject to paragraph (2), a designation fee for each designated Contracting Party. (2) [Individual Designation Fee] whose Office is an Examining Office and any Contracting Party that is an intergovernmental organization may, in a declaration, notify the Director General that, in connection with any international application in which it is designated, and in connection with the renewal of any international registration resulting from such an international application, the prescribed designation fee referred to in paragraph (1) shall be replaced by an individual designation fee, whose amount shall be indicated in the declaration and can be changed in further declarations. The said amount may be fixed by the said Contracting Party for the initial term of protection and for each term of renewal or for the maximum period of protection allowed by the Contracting Party concerned. However, it may not be higher than the equivalent of the amount which the Office of that Contracting Party would be entitled to receive from an applicant for a grant of protection for an equivalent period to the same number of industrial designs, that amount being diminished by the savings resulting from the international procedure. (3) [Transfer of Designation Fees] The designation fees referred to in paragraphs (1) and (2) shall be transferred by the to the Contracting Parties in respect of which those fees were paid. (1) [Examination of the International Application] If the finds that the international application does not, at the time of its receipt by the , fulfill the requirements of this Act and the Regulations, it shall invite the applicant to make the required corrections within the prescribed time limit. (2) [Irregularities Not Corrected] (a) If the applicant does not comply with the invitation within the prescribed time limit, the international application shall, subject to subparagraph (b), be considered abandoned. (b) In the case of an irregularity which relates to Article 5(2) or to a special requirement notified to the Director General by a Contracting Party in accordance with the Regulations, if the applicant does not comply with the invitation within the prescribed time limit, the international application shall be deemed not to contain the designation of that Contracting Party. Filing Date of the International Application (1) [International Application Filed Directly] Where the international application is filed directly with the , the filing date shall, subject to paragraph (3), be the date on which the receives the international application. (2) [International Application Filed Indirectly] Where the international application is filed through the Office of the applicant's Contracting Party, the filing date shall be determined as prescribed. (3) [International Application with Certain Irregularities] Where the international application has, on the date on which it is received by the , an irregularity which is prescribed as an irregularity entailing a postponement of the filing date of the international application, the filing date shall be the date on which the correction of such irregularity is received by the . International Registration, Date of the International Registration, Publication and Confidential Copies of the (1) [International Registration] shall register each industrial design that is the subject of an international application immediately upon receipt by it of the international application or, where corrections are invited under Article 8, immediately upon receipt of the required corrections. The registration shall be effected whether or not publication is deferred under Article 11. (2)[Date of the International Registration] (a) Subject to subparagraph (b), the date of the international registration shall be the filing date of the international application. (b) Where the international application has, on the date on which it is received by the , an irregularity which relates to Article 5(2) , the date of the international registration shall be the date on which the correction of such irregularity is received by the or the filing date of the international application, whichever is the later. (3)[Publication] (a) The international registration shall be published by the . Such publication shall be deemed in all Contracting Parties to be sufficient publicity, and no other publicity may be required of the holder. (b) shall send a copy of the publication of the international registration to each designated Office. (4)[Maintenance of Confidentiality Before Publication] Subject to paragraph (5) and Article 11(4)(b), the shall keep in confidence each international application and each international registration until publication. (5) [Confidential Copies] (a) shall, immediately after registration has been effected, send a copy of the international registration, along with any relevant statement, document or specimen accompanying the international application, to each Office that has notified the that it wishes to receive such a copy and has been designated in the international application. (b) The Office shall, until publication of the international registration by the , keep in confidence each international registration of which a copy has been sent to it by the and may use the said copy only for the purpose of the examination of the international registration and of applications for the protection of industrial designs filed in or for the Contracting Party for which the Office is competent. In particular, it may not divulge the contents of any such international registration to any person outside the Office other than the holder of that international registration, except for the purposes of an administrative or legal proceeding involving a conflict over entitlement to file the international application on which the international registration is based. In the case of such an administrative or legal proceeding, the contents of the international registration may only be disclosed in confidence to the parties involved in the proceeding who shall be bound to respect the confidentiality of the disclosure. (1) [Provisions of Laws of Contracting Parties Concerning Deferment of Publication] (a) Where the law of a Contracting Party provides for the deferment of the publication of an industrial design for a period which is less than the prescribed period, that Contracting Party shall, in a declaration, notify the Director General of the allowable period of deferment. (b) Where the law of a Contracting Party does not provide for the deferment of the publication of an industrial design, the Contracting Party shall, in a declaration, notify the Director General of that fact. (2) [Deferment of Publication] Where the international application contains a request for deferment of publication, the publication shall take place, (i)where none of the Contracting Parties designated in the international application has made a declaration under paragraph (1), at the expiry of the prescribed period or, (ii)where any of the Contracting Parties designated in the international application has made a declaration under paragraph (1)(a), at the expiry of the period notified in such declaration or, where there is more than one such designated Contracting Party, at the expiry of the shortest period notified in their declarations. (3)[Treatment of Requests for Deferment Where Deferment Is Not Possible Under Applicable ] Where deferment of publication has been requested and any of the Contracting Parties designated in the international application has made a declaration under paragraph (1)(b) that deferment of publication is not possible under its law, (i)subject to item (ii), the shall notify the applicant accordingly; if, within the prescribed period, the applicant does not, by notice in writing to the , withdraw the designation of the said Contracting Party, the shall disregard the request for deferment of publication; (ii)where, instead of containing reproductions of the industrial design, the international application was accompanied by specimens of the industrial design, the shall disregard the designation of the said Contracting Party and shall notify the applicant accordingly. (4)[Request for Earlier Publication or for Special Access to the International Registration] (a) At any time during the period of deferment applicable under paragraph (2), the holder may request publication of any or all of the industrial designs that are the subject of the international registration, in which case the period of deferment in respect of such industrial design or designs shall be considered to have expired on the date of receipt of such request by the . (b) The holder may also, at any time during the period of deferment applicable under paragraph (2), request the to provide a third party specified by the holder with an extract from, or to allow such a party access to, any or all of the industrial designs that are the subject of the international registration. (5)[Renunciation and Limitation] (a) If, at any time during the period of deferment applicable under paragraph (2), the holder renounces the international registration in respect of all the designated Contracting Parties, the industrial design or designs that are the subject of the international registration shall not be published. (b) If, at any time during the period of deferment applicable under paragraph (2), the holder limits the international registration, in respect of all of the designated Contracting Parties, to one or some of the industrial designs that are the subject of the international registration, the other industrial design or designs that are the subject of the international registration shall not be published. (6)[Publication and Furnishing of Reproductions] (a) At the expiration of any period of deferment applicable under the provisions of this Article, the shall, subject to the payment of the prescribed fees, publish the international registration. If such fees are not paid as prescribed, the international registration shall be canceled and publication shall not take place. (b) Where the international application was accompanied by one or more specimens of the industrial design in accordance with Article 5(1)(iii), the holder shall submit the prescribed number of copies of a reproduction of each industrial design that is the subject of that application to the within the prescribed time limit. To the extent that the holder does not do so, the international registration shall be canceled and publication shall not take place. (1) [to Refuse] The Office of any designated Contracting Party may, where the conditions for the grant of protection under the law of that Contracting Party are not met in respect of any or all of the industrial designs that are the subject of an international registration, refuse the effects, in part or in whole, of the international registration in the territory of the said Contracting Party, provided that no Office may refuse the effects, in part or in whole, of any international registration on the ground that requirements relating to the form or contents of the international application that are provided for in this Act or the Regulations or are additional to, or different from, those requirements have not been satisfied under the law of the Contracting Party concerned. (2)[Notification of Refusal] (a) The refusal of the effects of an international registration shall be communicated by the Office to the in a notification of refusal within the prescribed period. (b) notification of refusal shall state all the grounds on which the refusal is based. (3)[Transmission of Notification of Refusal; Remedies] (a) shall, without delay, transmit a copy of the notification of refusal to the holder. (b) The holder shall enjoy the same remedies as if any industrial design that is the subject of the international registration had been the subject of an application for the grant of protection under the law applicable to the Office that communicated the refusal. Such remedies shall at least consist of the possibility of a re-examination or a review of the refusal or an appeal against the refusal. (4)[Withdrawal of Refusal] refusal may be withdrawn, in part or in whole, at any time by the Office that communicated it. Special Requirements Concerning Unity of Design (1) [Notification of Special Requirements] whose law, at the time it becomes party to this Act, requires that designs that are the subject of the same application conform to a requirement of unity of design, unity of production or unity of use, or belong to the same set or composition of items, or that only one independent and distinct design may be claimed in a single application, may, in a declaration, notify the Director General accordingly. However, no such declaration shall affect the right of an applicant to include two or more industrial designs in an international application in accordance with Article 5(4), even if the application designates the Contracting Party that has made the declaration. (2)[Effect of such declaration shall enable the Office of the Contracting Party that has made it to refuse the effects of the international registration pursuant to Article 12(1) pending compliance with the requirement notified by that Contracting Party. (3)[Further Fees Payable on Division of Registration] Where, following a notification of refusal in accordance with paragraph (2), an international registration is divided before the Office concerned in order to overcome a ground of refusal stated in the notification, that Office shall be entitled to charge a fee in respect of each additional international application that would have been necessary in order to avoid that ground of refusal. Effects of the International Registration (1) [Effect as Application Under Applicable ] The international registration shall, from the date of the international registration, have at least the same effect in each designated Contracting Party as a regularly-filed application for the grant of protection of the industrial design under the law of that Contracting Party. (2) [Effect as of Protection Under Applicable ] (a) In each designated Contracting Party the Office of which has not communicated a refusal in accordance with Article 12, the international registration shall have the same effect as a grant of protection for the industrial design under the law of that Contracting Party at the latest from the date of expiration of the period allowed for it to communicate a refusal or, where a Contracting Party has made a corresponding declaration under the Regulations, at the latest at the time specified in that declaration. (b) Where the Office of a designated Contracting Party has communicated a refusal and has subsequently withdrawn, in part or in whole, that refusal, the international registration shall, to the extent that the refusal is withdrawn, have the same effect in that Contracting Party as a grant of protection for the industrial design under the law of the said Contracting Party at the latest from the date on which the refusal was withdrawn. (c) The effect given to the international registration under this paragraph shall apply to the industrial design or designs that are the subject of that registration as received from the by the designated Office or, where applicable, as amended in the procedure before that Office. (3) [of Designation of Applicant's Contracting Party] (a) whose Office is an Examining Office may, in a declaration, notify the Director General that, where it is the applicant's Contracting Party, the designation of that Contracting Party in an international registration shall have no effect. (b) Where a Contracting Party having made the declaration referred to in subparagraph (a) is indicated in an international application both as the applicant's Contracting Party and as a designated Contracting Party, the shall disregard the designation of that Contracting Party. (1) [Requirement of Opportunity of Defense] Invalidation, by the competent authorities of a designated Contracting Party, of the effects, in part or in whole, in the territory of that Contracting Party, of the international registration may not be pronounced without the holder having, in good time, been afforded the opportunity of defending his rights. (2) [Notification of Invalidation] The Office of the Contracting Party in whose territory the effects of the international registration have been invalidated shall, where it is aware of the invalidation, notify it to the . Recording of Changes and Other Matters Concerning (1)[Recording of Changes and Other Matters] shall, as prescribed, record in the International Register (i)any change in ownership of the international registration, in respect of any or all of the designated Contracting Parties and in respect of any or all of the industrial designs that are the subject of the international registration, provided that the new owner is entitled to file an international application under Article 3, (ii)any change in the name or address of the holder, (iii)the appointment of a representative of the applicant or holder and any other relevant fact concerning such representative, (iv)any renunciation, by the holder, of the international registration, in respect of any or all of the designated Contracting Parties, (v)any limitation, by the holder, of the international registration, in respect of any or all of the designated Contracting Parties, to one or some of the industrial designs that are the subject of the international registration, (vi)any invalidation, by the competent authorities of a designated Contracting Party, of the effects, in the territory of that Contracting Party, of the international registration in respect of any or all of the industrial designs that are the subject of the international registration, (vii)any other relevant fact, identified in the Regulations, concerning the rights in any or all of the industrial designs that are the subject of the international registration. (2)[Effect of Recording in International Register] recording referred to in items (i), (ii), (iv), (v), (vi) and (vii) of paragraph (1) shall have the same effect as if it had been made in the of the Contracting Parties concerned, except that a Contracting Party may, in a declaration, notify the Director General that a recording referred to in item (i) of paragraph (1) shall not have that effect in that Contracting Party until the Office of that Contracting Party has received the statements or documents specified in that declaration. (3)[Fees] recording made under paragraph (1) may be subject to the payment of a fee. (4)[Publication] shall publish a notice concerning any recording made under paragraph (1). It shall send a copy of the publication of the notice to the Office of each of the Contracting Parties concerned. Initial Term and Renewal of the International Registration and (1) [Initial Term of the International Registration] The international registration shall be effected for an initial term of five years counted from the date of the international registration. (2)[Renewal of the International Registration] The international registration may be renewed for additional terms of five years, in accordance with the prescribed procedure and subject to the payment of the prescribed fees. (3)[Duration of Protection in Designated Contracting Parties] (a) Provided that the international registration is renewed, and subject to subparagraph (b), the duration of protection shall, in each of the designated Contracting Parties, be 15 years counted from the date of the international registration. (b) Where the law of a designated Contracting Party provides for a duration of protection of more than 15 years for an industrial design for which protection has been granted under that law, the duration of protection shall, provided that the international registration is renewed, be the same as that provided for by the law of that Contracting Party.