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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(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 Paris Convention.


Article 7
Designation Fees

(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] Any Contracting Party 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 International Bureau to the Contracting Parties in respect of
which those fees were paid.


Article 8
Correction of Irregularities

(1) [Examination of the International Application] If the International Bureau finds that
the international application does not, at the time of its receipt by the International Bureau,
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.

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Article 9
Filing Date of the International Application

(1) [International Application Filed Directly] Where the international application is
filed directly with the International Bureau, the filing date shall, subject to paragraph (3), be
the date on which the International Bureau 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 International Bureau, 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 Bureau.


Article 101
International Registration, Date of the International Registration, Publication and
Confidential Copies of the International Registration

(1) [International Registration] The International Bureau 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 International Bureau, 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 International Bureau or the filing date of the international application,
whichever is the later.

(3) [Publication]

(a)

The international registration shall be published by the
International Bureau. Such publication shall be deemed in all Contracting Parties to be
sufficient publicity, and no other publicity may be required of the holder.

(b) The International Bureau shall send a copy of the publication of the international
registration to each designated Office.


1
When adopting Article 10, the Diplomatic Conference understood that nothing in this Article
precludes access to the international application or the international registration by the applicant
or the holder or a person having the consent of the applicant or the holder.
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(4) [Maintenance of Confidentiality Before Publication] Subject to paragraph (5) and
Article 11(4)(b), the International Bureau shall keep in confidence each international
application and each international registration until publication.

(5) [Confidential Copies] (a) The International Bureau 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 International Bureau 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
International Bureau, keep in confidence each international registration of which a copy has
been sent to it by the International Bureau 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.


Article 11
Deferment of Publication

(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.

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(3) [Treatment of Requests for Deferment Where Deferment Is Not Possible Under
Applicable Law] 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 International Bureau shall notify the applicant
accordingly; if, within the prescribed period, the applicant does not, by notice in writing to
the International Bureau, withdraw the designation of the said Contracting Party, the
International Bureau 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
International Bureau 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 International Bureau.

(b) The holder may also, at any time during the period of deferment applicable
under paragraph (2), request the International Bureau 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 International Bureau 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 International Bureau 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.

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Article 12
Refusal

(1) [Right 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 International Bureau in a notification of refusal
within the prescribed period.

(b) Any notification of refusal shall state all the grounds on which the refusal is
based.

(3) [Transmission of Notification of Refusal; Remedies] (a) The International Bureau
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)2 [Withdrawal of Refusal] Any refusal may be withdrawn, in part or in whole, at any
time by the Office that communicated it.



2 When adopting Article 12(4), Article 14(2)(b) and Rule 18(4), the Diplomatic Conference
understood that a withdrawal of refusal by an Office that has communicated a notification of
refusal may take the form of a statement to the effect that the Office concerned has decided to
accept the effects of the international registration in respect of the industrial designs, or some of
the industrial designs, to which the notification of refusal related. It was also understood that an
Office may, within the period allowed for communicating a notification of refusal, send a
statement to the effect that it has decided to accept the effects of the international registration even
where it has not communicated such a notification of refusal.