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

2 COMMON
REGULATIONS


CHAPTER 6:
BULLETIN
Rule 26:
Bulletin

CHAPTER 7:
FEES
Rule 27:
Amounts and Payment of Fees
Rule 28:
Currency of Payments
Rule 29:
Crediting of Fees to the Accounts of the Contracting Parties Concerned

CHAPTER 8:
INTERNATIONAL APPLICATIONS GOVERNED EXCLUSIVELY OR
PARTLY BY THE 1934 ACT AND INTERNATIONAL REGISTRATIONS
RESULTING THEREFROM

Rule 30:
Applicability of These Regulations to International Applications Governed
Exclusively by the 1934 Act and International Registrations Resulting
Therefrom
Rule 31:
Applicability of These Regulations to International Applications Governed
Partly by the 1934 Act and International Registrations Resulting Therefrom

CHAPTER 9:
MISCELLANEOUS
Rule 32:
Extracts, Copies and Information Concerning Published International
Registrations
Rule 33:
Amendment of Certain Rules
Rule 34:
Administrative Instructions
Rule 35:
Declarations Made by Contracting Parties to the 1999 Act
Rule 36:
Declarations Made by Contracting Parties to the 1960 Act


COMMON
REGULATIONS
3


CHAPTER 1

GENERAL PROVISIONS


Rule 1
Definitions

(1) [Abbreviated Expressions] For the purposes of these Regulations,

(i) “1999 Act” means the Act signed at Geneva on July 2, 1999, of the
Hague Agreement;

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

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

(iv) an expression which is used in these Regulations and is referred to in
Article 1 of the 1999 Act has the same meaning as in that Act;

(v) “Administrative Instructions” means the Administrative Instructions
referred to in Rule 34;

(vi) “communication” means any international application or any request,
declaration, invitation, notification or information relating to or accompanying an
international application or an international registration that is addressed to the Office of a
Contracting Party, the International Bureau, the applicant or the holder by means permitted by
these Regulations or the Administrative Instructions;

(vii) “official form” means a form established by the International Bureau
or any form having the same contents and format;
(viii)
“International
Classification” means the Classification established
under the Locarno Agreement Establishing an International Classification for Industrial
Designs;
(ix)
“prescribed
fee”
means the applicable fee set out in the Schedule of
Fees;

(x) “Bulletin” means the periodical bulletin in which the International
Bureau effects the publications provided for in the 1999 Act, the 1960 Act, the 1934 Act or
these Regulations, whatever the medium used;

(xi) “Contracting Party designated under the 1999 Act” means a
designated Contracting Party in respect of which the 1999 Act is applicable, either as the only
common Act to which that designated Contracting Party and the applicant’s Contracting Party
are bound, or by virtue of Article 31(1), first sentence, of the 1999 Act;

(xii) “Contracting Party designated under the 1960 Act” means a
designated Contracting Party in respect of which the 1960 Act is applicable, either as the only
common Act to which that designated Contracting Party and the State of origin referred to in
Article 2 of the 1960 Act are bound, or by virtue of Article 31(1), first sentence, of
the 1960 Act;

(xiii) “Contracting Party designated under the 1934 Act” means a
designated Contracting Party in respect of which the 1934 Act is applicable, as the only
common Act to which that designated Contracting Party and the contracting country referred
to in Article 1 of the 1934 Act are bound;
(xiv)
“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;

4 COMMON
REGULATIONS


(xv)
“international
application
governed exclusively by the 1960 Act”
means an international application in respect of which all designated Contracting Parties are
Contracting Parties designated under the 1960 Act;
(xvi)
“international
application governed exclusively by the 1934 Act”
means an international application in respect of which all designated Contracting Parties are
Contracting Parties designated under the 1934 Act;
(xvii)
“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,
–
at least one Contracting Party has been designated under
the 1960 Act, and
–
no Contracting Party has been designated under the 1934 Act;
(xviii)
“international application governed by both the 1999 Act and
the 1934 Act” means an international application in respect of which
–
at least one Contracting Party has been designated under
the 1999 Act,
–
at least one Contracting Party has been designated under
the 1934 Act, and
–
no Contracting Party has been designated under the 1960 Act;
(xix)
“international
application
governed by both the 1960 Act and the 1934
Act” means an international application in respect of which
–
at least one Contracting Party has been designated under
the 1960 Act,
–
at least one Contracting Party has been designated under
the 1934 Act, and
–
no Contracting Party has been designated under the 1999 Act;

(xx)
“international application governed by the 1999 Act, the 1960 Act and
the 1934 Act” means an international application in respect of which
–
at least one Contracting Party has been designated under
the 1999 Act,
–
at least one Contracting Party has been designated under
the 1960 Act, and
–
at least one Contracting Party has been designated under
the 1934 Act.

(2)
[Correspondence Between Some Expressions Used in the 1999 Act, the 1960 Act and
the 1934 Act] For the purposes of these Regulations,

(i) reference to “international application” or “international registration”
shall be deemed, where appropriate, to include a reference to “international deposit” as
referred to in the 1960 Act and the 1934 Act;

(ii) reference to “applicant” or “holder” shall be deemed, where
appropriate, to include a reference to, respectively, “depositor” or “owner” as referred to in
the 1960 Act and the 1934 Act;

(iii) reference to “Contracting Party” shall be deemed, where appropriate,
to include a reference to a State party to the 1960 Act or to a country party to the 1934 Act;

(iv) reference to “Contracting Party whose Office is an examining Office”
shall be deemed, where appropriate, to include a reference to “State having a novelty
examination” as defined in Article 2 of the 1960 Act;
COMMON
REGULATIONS
5



(v) reference to “individual designation fee” shall be deemed, where
appropriate, to include a reference to the fee mentioned in Article 15(1)2(b) of the 1960 Act;

(vi) reference to “renewal” shall be deemed, where appropriate, to include
a reference to “prolongation” referred to in the 1934 Act.


Rule 2
Communication with the International Bureau

Communications addressed to the International Bureau shall be effected as specified in
the Administrative Instructions.


Rule 3
Representation Before the International Bureau

(1) [Representative; Number Representatives] (a) The applicant or the holder may
have a representative before the International Bureau.
(b) Only one representative may be appointed in respect of a given international
application or international registration. Where the appointment indicates several representatives,
only the one indicated first shall be considered to be a representative and be recorded as such.
(c) Where a partnership or firm composed of attorneys or patent or trademark
agents has been indicated as representative to the International Bureau, it shall be regarded as one
representative.

(2) [Appointment of the 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
international registrations of the same applicant or holder. The said communication shall be
signed by the applicant or the holder.
(c) Where the International Bureau considers that the appointment of a
representative is irregular, it shall notify accordingly the applicant or holder and the purported
representative.

(3) [Recording and Notification of Appointment of a Representative; Effective Date of
Appointment] (a) Where the International Bureau finds that the appointment of a representative
complies with the applicable requirements, it shall record the fact that the applicant or holder has a
representative, as well as the name and address of the representative, in the International Register.
In such a case, the effective date of the appointment shall be the date on which the International
Bureau received the international application or separate communication in which the
representative is appointed.
(b) The International Bureau shall notify the recording referred to in
subparagraph (a) to both the applicant or holder and the representative.

6 COMMON
REGULATIONS


(4) [Effect of Appointment of a Representative] (a) Except where these Regulations
expressly provide otherwise, the signature of a representative recorded under paragraph (3)(a)
shall replace the signature of the applicant or holder.
(b) Except where these 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 recorded under paragraph (3)(a) any communication which, in the
absence of a representative, would have to be sent to the applicant or holder; any communication
so addressed to the said 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 under paragraph (3)(a) shall have the same effect as if it had been addressed to the said
Bureau by the applicant or holder.

(5) [Cancellation of Recording; Effective Date of Cancellation] (a) Any recording
under paragraph (3)(a) shall be canceled where cancellation is requested in a communication
signed by the applicant, holder or representative. The recording shall be canceled ex officio by the
International Bureau where a new representative is appointed or where a change in ownership is
recorded and no representative is appointed by the new holder of the international registration.
(b) The cancellation shall be effective from the date on which the International
Bureau receives the corresponding communication.
(c)
The International Bureau shall notify the cancellation and its effective date to
the representative whose recording has been canceled and to the applicant or holder.


Rule 4
Calculation of Time Limits

(1) [Periods Expressed in Years] Any period expressed in years shall expire, in the
relevant subsequent year, in the month having the same name and on the day having the same
number as the month and the day of the event from which the period starts to run, except that,
where the event occurred on February 29 and in the relevant subsequent year February ends on
the 28th, the period shall expire on February 28.

(2) [Periods Expressed in Months] Any period expressed in months shall expire, in the
relevant subsequent month, on the day which has the same number as the day of the event from
which the period starts to run, except that, where the relevant subsequent month has no day with
the same number, the period shall expire on the last day of that month.

(3) [Periods Expressed in Days] The calculation of any period expressed in days shall
start with the day following the day on which the relevant event occurred and shall expire
accordingly.

(4) [Expiry on a Day on Which the International Bureau or an Office Is Not Open to the
Public] If a period expires on a day on which the International Bureau or the Office concerned is
not open to the public, the period shall, notwithstanding paragraphs (1) to (3), expire on the first
subsequent day on which the International Bureau or the Office concerned is open to the public.