Rządowy projekt ustawy o ratyfikacji Aktu genewskiego Porozumienia haskiego w sprawie międzynarodowej rejestracji wzorów przemysłowych, przyjętego w Genewie dnia 2 lipca 1999 r.

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Article 31: Applicability of the 1934 and 1960 Acts
Article 32: Denunciation of This Act
Article 33: Languages of This Act; Signature
Article 34: Depositary
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ACT
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INTRODUCTORY PROVISIONS

Article 1
Abbreviated Expressions

For the purposes of this Act:


(i) “the Hague Agreement” means the Hague Agreement Concerning the
International Deposit of Industrial Designs, henceforth renamed the Hague Agreement
Concerning the International Registration of Industrial Designs;

(ii) “this Act” means the Hague Agreement as established by the present Act;

(iii) “Regulations” means the Regulations under this Act;

(iv) “prescribed” means prescribed in the Regulations;

(v) “Paris Convention” means the Paris Convention for the Protection of
Industrial Property, signed at Paris on March 20, 1883, as revised and amended;
(vi)
“international
registration”
means the international registration of an
industrial design effected according to this Act;
(vii)
“international
application” means an application for international registration;

(viii) “International Register” means the official collection of data concerning
international registrations maintained by the International Bureau, which data this Act or the
Regulations require or permit to be recorded, regardless of the medium in which such data are
stored;

(ix) “person” means a natural person or a legal entity;

(x) “applicant” means the person in whose name an international application is
filed;

(xi) “holder” means the person in whose name an international registration is
recorded in the International Register;
(xii)
“intergovernmental
organization”
means an intergovernmental organization
eligible to become party to this Act in accordance with Article 27(1)(ii);

(xiii) “Contracting Party” means any State or intergovernmental organization party
to this Act;

(xiv) “applicant’s Contracting Party” means the Contracting Party or one of the
Contracting Parties from which the applicant derives its entitlement to file an international
application by virtue of satisfying, in relation to that Contracting Party, at least one of the
conditions specified in Article 3; where there are two or more Contracting Parties from which
the applicant may, under Article 3, derive its entitlement to file an international application,
“applicant’s Contracting Party” means the one which, among those Contracting Parties, is
indicated as such in the international application;

(xv) “territory of a Contracting Party” means, where the Contracting Party is a
State, the territory of that State and, where the Contracting Party is an intergovernmental
organization, the territory in which the constituent treaty of that intergovernmental
organization applies;

(xvi) “Office” means the agency entrusted by a Contracting Party with the grant of
protection for industrial designs with effect in the territory of that Contracting Party;

(xvii) “Examining Office” means an Office which ex officio examines applications
filed with it for the protection of industrial designs at least to determine whether the industrial
designs satisfy the condition of novelty;
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(xviii) “designation” means a request that an international registration have effect in
a Contracting Party; it also means the recording, in the International Register, of that request;

(xix) “designated Contracting Party” and “designated Office” means the
Contracting Party and the Office of the Contracting Party, respectively, to which a designation
applies;

(xx) “1934 Act” means the Act signed at London on June 2, 1934, of the Hague
Agreement;

(xxi) “1960 Act” means the Act signed at The Hague on November 28, 1960, of
the Hague Agreement;

(xxii)
“1961 Additional Act” means the Act signed at Monaco on
November 18, 1961, additional to the 1934 Act;

(xxiii) “Complementary Act of 1967” means the Complementary Act signed at
Stockholm on July 14, 1967, as amended, of the Hague Agreement;

(xxiv) “Union” means the Hague Union established by the Hague Agreement of
November 6, 1925, and maintained by the 1934 and 1960 Acts, the 1961 Additional Act, the
Complementary Act of 1967 and this Act;

(xxv) “Assembly” means the Assembly referred to in Article 21(1)(a) or any body
replacing that Assembly;

(xxvi) “Organization” means the World Intellectual Property Organization;

(xxvii) “Director General” means the Director General of the Organization;
(xxviii)
“International
Bureau” means the International Bureau of the Organization;

(xxix) “instrument of ratification” shall be construed as including instruments of
acceptance or approval.


Article 2
Applicability of Other Protection Accorded by Laws of Contracting Parties and by Certain
International Treaties

(1) [Laws of Contracting Parties and Certain International Treaties] The provisions of
this Act shall not affect the application of any greater protection which may be accorded by
the law of a Contracting Party, nor shall they affect in any way the protection accorded to
works of art and works of applied art by international copyright treaties and conventions, or
the protection accorded to industrial designs under the Agreement on Trade-Related Aspects
of Intellectual Property Rights annexed to the Agreement Establishing the World Trade
Organization.

(2) [Obligation to Comply with the Paris Convention] Each Contracting Party shall
comply with the provisions of the Paris Convention which concern industrial designs.


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ACT
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CHAPTER I

INTERNATIONAL APPLICATION AND INTERNATIONAL REGISTRATION

Article 3
Entitlement to File an International Application

Any person that is a national of a State that is a Contracting Party or of a State member of
an intergovernmental organization that is a Contracting Party, or that has a domicile, a
habitual residence or a real and effective industrial or commercial establishment in the
territory of a Contracting Party, shall be entitled to file an international application.


Article 4

Procedure for Filing the International Application

(1) [Direct or Indirect Filing] (a) The international application may be filed, at the
option of the applicant, either directly with the International Bureau or through the Office of
the applicant’s Contracting Party.

(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.


Article 5
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 manner; 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;
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(vi) the prescribed fees;


(vii) any other prescribed particulars.

(2) [Additional Mandatory Contents of the International Application] (a)

Any
Contracting Party 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 manner, 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 Same International 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.


Article 6
Priority

(1) [Claiming of Priority] (a) The international application may contain a declaration
claiming, under Article 4 of the Paris Convention, the priority of one or more earlier
applications filed in or for any country party to that Convention or any Member of the World
Trade Organization.

(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.