utskottsdokument · GVA12453f714 · 2008-01-01 00:00:00 — (a)Where there is a change in the person of the holder, each Contracting Party shall accept that a request for the recordal of the change by the Office in its register of marks be made by the holder or by the person who acquired the ownership (hereinafter referred to as new owner) in a communication indicating the registration number of the registration concerned and the change to be recorded. (b)Where the change in ownership results from a contract, any Contracting Party may require that the request indicate that fact and be accompanied, at the option of the requesting party, by one of the following: (i)a copy of the contract, which copy may be required to be certified, by a notary public or any other competent public authority, as being in conformity with the original contract; (ii)an extract of the contract showing the change in ownership, which extract may be required to be certified, by a notary public or any other competent public authority, as being a true extract of the contract; (iii)an uncertified certificate of transfer drawn up in the form and with the content as prescribed in the Regulations and signed by both the holder and the new owner; (iv)an uncertified transfer document drawn up in the form and with the content as prescribed in the Regulations and signed by both the holder and the new owner. (c) Where the change in ownership results from a merger, any Contracting Party may require that the request indicate that fact and be accompanied by a copy of a document, which document originates from the competent authority and evidences the merger, such as a copy of an extract from a register of commerce, and that that copy be certified by the authority which issued the document or by a notary public or any other competent public authority, as being in conformity with the original document. (d) Where there is a change in the person of one or more but not all of several co-holders and such change in ownership results from a contract or a merger, any Contracting Party may require that any co-holder in respect of which there is no change in ownership give its express consent to the change in ownership in a document signed by it. (e) Where the change in ownership does not result from a contract or a merger but from another ground, for example, from operation of law or a court decision, any Contracting Party may require that the request indicate that fact and be accompanied by a copy of a document evidencing the change and that that copy be certified as being in conformity with the original document by the authority which issued the document or by a notary public or any other competent public authority. (f) may require that the request indicate (i)the name and address of the holder; (ii)the name and address of the new owner; (iii)the name of a State of which the new owner is a national if he/she is the national of any State, the name of a State in which the new owner has his/her domicile, if any, and the name of a State in which the new owner has a real and effective industrial or commercial , if any; (iv)where the new owner is a legal entity, the legal nature of that legal entity and the State, and, where applicable, the territorial unit within that State, under the law of which the said legal entity has been organized; (v)where the holder has a representative, the name and address of that representative; (vi)where the holder has an address for service, such address; (vii)where the new owner has a representative, the name and address of that representative; (viii)where the new owner is required to have an address for service under Article 4(2)(b), such address. (g) may require that, in respect of the request, a fee be paid to the Office. (h) A single request shall be sufficient even where the change relates to more than one registration, provided that the holder and the new owner are the same for each registration and that the registration numbers of all registrations concerned are indicated in the request. (i)Where the change of ownership does not affect all the goods and/or services listed in the holders registration, and the applicable law allows the recording of such change, the Office shall create a separate registration referring to the goods and/or services in respect of which the ownership has changed. (2) [Change in the Ownership of an Application] Paragraph (1) shall apply, mutatis mutandis, where the change in ownership concerns an application or applications, or both an application or applications and a registration or registrations, provided that, where the application number of any application concerned has not yet been issued or is not known to the applicant or its representative, the request otherwise identifies that application as prescribed in the Regulations. (3) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (2) and in Article 8 be complied with in respect of the request referred to in this Article. In particular, the following may not be required: (i)subject to paragraph (1)(c), the furnishing of any certificate of, or extract from, a register of commerce; (ii)an indication of the new owners carrying on of an industrial or commercial activity, as well as the furnishing of evidence to that effect; (iii)an indication of the new owners carrying on of an activity corresponding to the goods and/or services affected by the change in ownership, as well as the furnishing of evidence to either effect; (iv)an indication that the holder transferred, entirely or in part, its business or the relevant goodwill to the new owner, as well as the furnishing of evidence to either effect. (4) [Evidence] may require that evidence, or further evidence where paragraph (1)(c) or (e) applies, be furnished to the Office where that Office may reasonably doubt the veracity of any indication contained in the request or in any document referred to in the present Article. Correction of a Mistake (1) [Correction of a Mistake in Respect of a Registration] (a)Each Contracting Party shall accept that the request for the correction of a mistake which was made in the application or other request communicated to the Office and which mistake is reflected in its register of marks and/or any publication by the Office be made by the holder in a communication indicating the registration number of the registration concerned, the mistake to be corrected and the correction to be entered. (b)may require that the request indicate (i)the name and address of the holder; (ii)where the holder has a representative, the name and address of that representative; (iii)where the holder has an address for service, such address. (c)may require that, in respect of the request, a fee be paid to the Office. (d)A single request shall be sufficient even where the correction relates to more than one registration of the same person, provided that the mistake and the requested correction are the same for each registration and that the registration numbers of all registrations concerned are indicated in the request. (2) [Correction of a Mistake in Respect of an Application] Paragraph (1) shall apply, mutatis mutandis, where the mistake concerns an application or applications, or both an application or applications and a registration or registrations, provided that, where the application number of any application concerned has not yet been issued or is not known to the applicant or its representative, the request otherwise identifies that application as prescribed in the Regulations. (3) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (2) and in Article 8 be complied with in respect of the request referred to in this Article. (4) [Evidence] may require that evidence be furnished to the Office where the Office may reasonably doubt that the alleged mistake is in fact a mistake. (5) [Mistakes Made by the Office] The Office of a Contracting Party shall correct its own mistakes, ex officio or upon request, for no fee. (6) [Uncorrectable Mistakes] No Contracting Party shall be obliged to apply paragraphs (1), (2) and (5) to any mistake which cannot be corrected under its law. Duration and Renewal of Registration (1) [Indications or Elements Contained in or Accompanying a Request for Renewal; Fee] (a)may require that the renewal of a registration be subject to the filing of a request and that such request contain some or all of the following indications: (i)an indication that renewal is sought; (ii)the name and address of the holder; (iii)the registration number of the registration concerned; (iv) at the option of the Contracting Party, the filing date of the application which resulted in the registration concerned or the registration date of the registration concerned; (v)where the holder has a representative, the name and address of that representative; (vi) where the holder has an address for service, such address; (vii) where the Contracting Party allows the renewal of a registration to be made for some only of the goods and/or services which are recorded in the register of marks and such a renewal is requested, the names of the recorded goods and/or services for which the renewal is requested or the names of the recorded goods and/or services for which the renewal is not requested, grouped according to the of the Classification, each group preceded by the number of the class of that Classification to which that group of goods or services belongs and presented in the order of the of the said (viii) where a Contracting Party allows a request for renewal to be filed by a person other than the holder or its representative and the request is filed by such a person, the name and address of that person. (b)may require that, in respect of the request for renewal, a fee be paid to the Office. Once the fee has been paid in respect of the initial period of the registration or of any renewal period, no further payment may be required for the maintenance of the registration in respect of that period. Fees associated with the furnishing of a declaration and/or evidence of use shall not be regarded, for the purposes of this subparagraph, as payments required for the maintenance of the registration and shall not be affected by this subparagraph. (c) may require that the request for renewal be presented, and the corresponding fee referred to in subparagraph (b) be paid, to the Office within the period fixed by the law of the Contracting Party, subject to the minimum periods prescribed in the Regulations. (2) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraph (1) and in Article 8 be complied with in respect of the request for renewal. In particular, the following may not be required: (i)any representation or other identification of the mark; (ii)the furnishing of evidence to the effect that the mark has been registered, or that its registration has been renewed, in any other register of marks; (iii)the furnishing of a declaration and/or evidence concerning use of the mark. (3) [Evidence] may require that evidence be furnished to the Office in the course of the examination of the request for renewal where the Office may reasonably doubt the veracity of any indication or element contained in the request for renewal. (4) [Prohibition of Substantive Examination] No Office of a Contracting Party may, for the purposes of effecting the renewal, examine the registration as to substance. (5) [Duration] The duration of the initial period of the registration, and the duration of each renewal period, shall be 10 years. Relief Measures in Case of Failure to Comply with Time Limits (1)[Relief Measure Before the Expiry of a Time Limit] A Contracting Party may provide for the extension of a time limit for an action in a procedure before the Office in respect of an application or a registration, if a request to that effect is filed with the Office prior to the expiry of the time limit. (2)[Relief Measures After the Expiry of a Time Limit] Where an applicant, holder or other interested person has failed to comply with a time limit (the time limit concerned) for an action in a procedure before the Office of a Contracting Party in respect of an application or a registration, the Contracting Party shall provide for one or more of the following relief measures, in accordance with the requirements prescribed in the Regulations, if a request to that effect is filed with the Office: (i) extension of the time limit concerned for the period prescribed in the Regulations; (ii) continued processing with respect to the application or registration; (iii) reinstatement of the rights of the applicant, holder or other interested person with respect to the application or registration if the Office finds that the failure to comply with the time limit concerned occurred in spite of due care required by the circumstances having been taken or, at the option of the Contracting Party, that the failure was unintentional. (3)[Exceptions] No Contracting Party shall be required to provide for any of the relief measures referred to in paragraph (2)with respect to the exceptions prescribed in the Regulations. (4)[Fee] may require that a fee be paid in respect of any of the relief measures referred to in paragraphs (1) and (2). (5)[Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in this Article and in Article 8 be complied with in respect of any of the relief measures referred to in paragraph (2). Obligation to Comply with the Convention shall comply with the provisions of the Convention which concern marks. shall register service marks and apply to such marks the provisions of the Convention which concern trademarks. Request for Recordal of a License (1)[Requirements Concerning the Request for Recordal] Where the law of a Contracting Party provides for the recordal of a license with its Office, that Contracting Party may require that the request for recordal (i) be filed in accordance with the requirements prescribed in the Regulations, and (ii) be accompanied by the supporting documents prescribed in the Regulations. (2)[Fee] may require that, in respect of the recordal of a license, a fee be paid to the Office. (3)[Single Request Relating to Several Registrations] A single request shall be sufficient even where the license relates to more than one registration, provided that the registration numbers of all registrations concerned are indicated in the request, the holder and the licensee are the same for all registrations, and the request indicates the scope of the license in accordance with the Regulations with respect to all registrations. (4) [Prohibition of Other Requirements] (a)No Contracting Party may demand that requirements other than those referred to in paragraphs (1) to (3) and in Article 8 be complied with in respect of the recordal of a license with its Office. In particular, the following may not be required: (i)the furnishing of the registration certificate of the mark which is the subject of the license; (ii)the furnishing of the license contract or a translation of it; (iii)an indication of the financial terms of the license contract. (b)Subparagraph (a) is without prejudice to any obligations existing under the law of a Contracting Party concerning the disclosure of information for purposes other than the recording of the license in the register of marks. (5) [Evidence] may require that evidence be furnished to the Office where the Office may reasonably doubt the veracity of any indication contained in the request or in any document referred to in the Regulations. (6) [Requests Relating to Applications] Paragraphs (1) to (5) shall apply, mutatis mutandis, to requests for recordal of a license for an application, where the law of a Contracting Party provides for such recordal. Request for Amendment or Cancellation of the Recordal of a License (1) [Requirements Concerning the Request] Where the law of a Contracting Party provides for the recordal of a license with its Office, that Contracting Party may require that the request for amendment or cancellation of the recordal of a license (i)be filed in accordance with the requirements prescribed in the Regulations, and (ii)be accompanied by the supporting documents prescribed in the Regulations. (2) [Other Requirements] Article 17(2) to (6) shall apply, mutatis mutandis, to requests for amendment or cancellation of the recordal of a license. Effects of the Non-Recordal of a License (1)[Validity of the Registration and Protection of the ] The non-recordal of a license with the Office or with any other authority of the Contracting Party shall not affect the validity of the registration of the mark which is the subject of the license or the protection of that mark. (2)[Certain Rights of the Licensee] A Contracting Party may not require the recordal of a license as a condition for any right that the licensee may have under the law of that Contracting Party to join infringement proceedings initiated by the holder or to obtain, by way of such proceedings, damages resulting from an infringement of the mark which is the subject of the license. (3)[Use of a Is Not Recorded] A Contracting Party may not require the recordal of a license as a condition for the use of a mark by a licensee to be deemed to constitute use by the holder in proceedings relating to the acquisition, maintenance and enforcement of marks. Indication of the License Where the law of a Contracting Party requires an indication that the mark is used under a license, full or partial noncompliance with that requirement shall not affect the validity of the registration of the mark which is the subject of the license or the protection of that mark, and shall not affect the application of Article 19(3). Observations in Case of Intended Refusal An application under Article 3 or a request under Articles 7, 10 to 14, 17 and 18 may not be refused totally or in part by an Office without giving the applicant or the requesting party, as the case may be, an opportunity to make observations on the intended refusal within a reasonable time limit. In respect of Article 14, no Office shall be required to give an opportunity to make observations where the person requesting the relief measure has already had an opportunity to present an observation on the facts on which the decision is to be based. (1) [Content] (a)The Regulations annexed to this Treaty provide rules concerning (i)matters which this Treaty expressly provides to be prescribed in the Regulations; (ii)any details useful in the implementation of the provisions of this Treaty; (iii)any administrative requirements, matters or procedures. (b)The Regulations also contain Forms. (2)[Amending the Regulations] Subject to paragraph (3), any amendment of the Regulations shall require three-fourths of the votes cast. (3)[Requirement of Unanimity] (a)The Regulations may specify provisions of the Regulations which may be amended only by unanimity. (b)amendment of the Regulations resulting in the addition of provisions to, or the deletion of provisions from, the provisions specified in the Regulations pursuant to subparagraph (a)shall require unanimity. (c) In determining whether unanimity is attained, only votes actually cast shall be taken into consideration. Abstentions shall not be considered as votes. (4) [Conflict Between the Treaty and the Regulations] In the case of conflict between the provisions of this Treaty and those of the Regulations, the former shall prevail. (1) [Composition] (a)The Contracting Parties shall have an Assembly. (b)Each Contracting Party shall be represented in the Assembly by one delegate, who may be assisted by alternate delegates, advisors and experts. Each delegate may represent only one Contracting Party. (2) [Tasks] The Assembly shall (i)deal with matters concerning the development of this Treaty; (ii)amend the Regulations, including the Forms; (iii)determine the conditions for the date of application of each amendment referred to in item (ii); (iv) perform such other functions as are appropriate to implementing the provisions of this Treaty. (3) [Quorum] (a)One-half of the members of the Assembly which are States shall constitute a quorum. (b)Notwithstanding subparagraph (a), if, in any session, the number of the members of the Assembly which are States and are represented is less than one-half but equal to or more than one-third of the members of the Assembly which are States, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the conditions set forth hereinafter are shall communicate the said decisions to the members of the Assembly which are States and were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of the communication. If, at the expiration of this period, the number of such members having thus expressed their vote or abstention attains the number of the members which was lacking for attaining the quorum in the session itself, such decisions shall take effect, provided that at the same time the required majority still obtains. (4) [Taking Decisions in the Assembly] (a)The Assembly shall endeavor to take its decisions by consensus. (b)Where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. In such a case, (i)each Contracting Party that is a State shall have one vote and shall vote only in its own name; and (ii)any Contracting Party that is an intergovernmental organization may participate in the vote, in place of its Member States, with a number of votes equal to the number of its Member States which are party to this Treaty. No such intergovernmental organization shall participate in the vote if any one of its Member States exercises its right to vote and vice versa. In addition, no such intergovernmental organization shall participate in the vote if any one of its Member States party to this Treaty is a of another such intergovernmental organization and that other intergovernmental organization participates in that vote. (5) [Majorities] (a)Subject to Articles 22(2) and (3), the decisions of the Assembly shall require two-thirds of the votes cast. (b)In determining whether the required majority is attained, only votes actually cast shall be taken into consideration. Abstentions shall not be considered as votes. (6) [Sessions] The Assembly shall meet upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General of the Organization. (7) [Rules of Procedure] The Assembly shall establish its own rules of procedure, including rules for the convocation of extraordinary sessions. (1) [Administrative Tasks] (a)shall perform the administrative tasks concerning this Treaty. (b)In particular, the shall prepare the meetings and provide the secretariat of the Assembly and of such committees of experts and working groups as may be established by the Assembly. (2) [Meetings Other than Sessions of the Assembly] The Director General shall convene any committee and working group established by the Assembly. (3) [Role of the in the Assembly and Other Meetings] (a)The Director General and persons designated by the Director General shall participate, without the right to vote, in all meetings of the Assembly, the committees and working groups established by the Assembly. (b)The Director General or a staff member designated by the Director General shall be ex officio secretary of the Assembly, and of the committees and working groups referred to in subparagraph (a). (4) [Conferences]