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

COMMON
REGULATIONS
7


Rule 5
Irregularities in Postal and Delivery Services

(1) [Communications Sent Through a Postal Service] Failure by an interested party to
meet a time limit for a communication addressed to the International Bureau and mailed through a
postal service shall be excused if the interested party submits evidence showing, to the satisfaction
of the International Bureau,

(i) that the communication was mailed at least five days prior to the
expiry of the time limit, or, where the postal service was, on any of the ten days preceding the
day of expiry of the time limit, interrupted on account of war, revolution, civil disorder, strike,
natural calamity, or other like reason, that the communication was mailed not later than five
days after postal service was resumed,

(ii)
that the mailing of the communication was registered, or details of the
mailing were recorded, by the postal service at the time of mailing, and

(iii) in cases where not all classes of mail normally reach the International
Bureau within two days of mailing, that the communication was mailed by a class of mail
which normally reaches the International Bureau within two days of mailing or by airmail.

(2) [Communications Sent Through a Delivery Service] Failure by an interested party to
meet a time limit for a communication addressed to the International Bureau and sent through a
delivery service shall be excused if the interested party submits evidence showing, to the
satisfaction of the International Bureau,

(i) that the communication was sent at least five days prior to the expiry
of the time limit, or, where the delivery service was, on any of the ten days preceding the day
of expiry of the time limit, interrupted on account of war, revolution, civil disorder, natural
calamity, or other like reason, that the communication was sent not later than five days after
the delivery service was resumed, and
(ii)
that
details
of
the sending of the communication were recorded by the
delivery service at the time of sending.

(3) [Limitation on Excuse] Failure to meet a time limit shall be excused under this Rule
only if the evidence referred to in paragraph (1) or (2) and the communication or a duplicate
thereof are received by the International Bureau not later than six months after the expiry of the
time limit.


Rule 6
Languages

(1) [International Application] The international application shall be in English or
French.

(2) [Recording and Publication] The recording in the International Register and the
publication in the Bulletin of the international registration and of any data to be both recorded and
published under these Regulations in respect of that international registration shall be in English
and French. The recording and publication of the international registration shall indicate the
language in which the international application was received by the International Bureau.

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REGULATIONS


(3) [Communications] Any communication concerning an international application or
the international registration resulting therefrom shall be

(i) in English or French where such communication is addressed to the
International Bureau by the applicant or holder or by an Office;

(ii) in the language of the international application where the
communication is addressed by the International Bureau to an Office, unless that Office has
notified the International Bureau that all such communications are to be in English or that all
such communications are to be in French;

(iii) in the language of the international application where the
communication is addressed by the International Bureau to the applicant or holder unless the
applicant or holder expresses the wish to receive all such communications in English although
the international application was in French, or vice versa.

(4) [Translation] The translations needed for the recordings and publications under
paragraph (2) shall be made by the International Bureau. The applicant may annex to the
international application a proposed translation of any text matter contained in the international
application. If the proposed translation is not considered by the International Bureau to be correct,
it shall be corrected by the International Bureau after having invited the applicant to make, within
one month from the invitation, observations on the proposed corrections.



CHAPTER 2

INTERNATIONAL APPLICATIONS
AND INTERNATIONAL REGISTRATIONS


Rule 7
Requirements Concerning the International Application

(1) [Form and Signature] The international application shall be presented on the official
form. The international application shall be signed by the applicant.

(2) [Fees] The prescribed fees applicable to the international application shall be paid as
provided for in Rules 27 and 28.

(3) [Mandatory Contents of the International Application] The international application
shall contain or indicate

(i) the name of the applicant, given in accordance with the
Administrative Instructions;

(ii) the address of the applicant, given in accordance with the
Administrative Instructions;

(iii) the Contracting Party or Parties in respect of which the applicant
fulfills the conditions to be the holder of an international registration;

(iv) the product or products which constitute the industrial design or in
relation to which the industrial design is to be used, with an indication whether the product or
products constitute the industrial design or are products in relation to which the industrial
design is to be used; the product or products shall preferably be identified by using terms
appearing in the list of goods of the International Classification;
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(v) the number of industrial designs included in the international
application, which may not exceed 100, and the number of reproductions or specimens of the
industrial designs accompanying the international application in accordance with Rule 9
or 10;

(vi)
the designated Contracting Parties;

(vii) the amount of the fees being paid and the method of payment, or
instructions to debit the required amount of fees to an account opened with the International
Bureau, and the identification of the party effecting the payment or giving the instructions.

(4) [Additional Mandatory Contents of an International Application] (a) With respect to
Contracting Parties designated under the 1999 Act in an international application, that application
shall contain, in addition to the indications referred to in paragraph (3)(iii), the indication of the
applicant’s Contracting Party.
(b) Where a Contracting Party designated under the 1999 Act has notified the
Director General, in accordance with Article 5(2)(a) of the 1999 Act, that its law requires one or
more of the elements referred to in Article 5(2)(b) of the 1999 Act, the international application
shall contain such element or elements, as prescribed in Rule 11.
(c)
Where Rule 8 applies, the international application shall contain the indications
referred to in Rule 8(2) and, where applicable, be accompanied by the statement or document
referred to in that Rule.

(5) [Optional Contents of an International Application] (a) An element referred to in
item (i) or (ii) of Article 5(2)(b) of the 1999 Act or in Article 8(4)(a) of the 1960 Act may, at the
option of the applicant, be included in the international application even where that element is not
required in consequence of a notification in accordance with Article 5(2)(a) of the 1999 Act or in
consequence of a requirement under Article 8(4)(a) of the 1960 Act.
(b) Where the applicant has a representative, the international application shall
state the name and address of the representative, given in accordance with the Administrative
Instructions.
(c)
Where the applicant wishes, under Article 4 of the Paris Convention, to take
advantage of the priority of an earlier filing, the international application shall contain a
declaration claiming the priority of that earlier filing, together with an indication of the name of
the Office where such filing was made and of the date and, where available, the number of that
filing and, where the priority claim relates to less than all the industrial designs contained in the
international application, the indication of those industrial designs to which the priority claim
relates or does not relate.
(d) Where the applicant wishes to take advantage of Article 11 of the Paris
Convention, the international application shall contain a declaration that the product or products
which constitute the industrial design or in which the industrial design is incorporated have been
shown at an official or officially recognized international exhibition, together with the place
where the exhibition was held and the date on which the product or products were first exhibited
there and, where less than all the industrial designs contained in the international application are
concerned, the indication of those industrial designs to which the declaration relates or does not
relate.
(e)
Where the applicant wishes that publication of the industrial design be deferred,
the international application shall contain a request for deferment of publication.
(f)
The international application may also contain any declaration, statement or
other relevant indication as may be specified in the Administrative Instructions.
(g) The
international
application may be accompanied by a statement that identifies
information known by the applicant to be material to the eligibility for protection of the industrial
design concerned.
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REGULATIONS



(6) [No Additional Matter] If the international application contains any matter other than
that required or permitted by the 1999 Act, the 1960 Act, the 1934 Act, these Regulations or the
Administrative Instructions, the International Bureau shall delete it ex officio. If the international
application is accompanied by any document other than those required or permitted, the
International Bureau may dispose of the said document.

(7) [All Products to Be in Same Class] All the products which constitute the industrial
designs to which an international application relates, or in relation to which the industrial designs
are to be used, shall belong to the same class of the International Classification.


Rule 8
Special Requirements Concerning the Applicant

(1) [Notification of Special Requirements] (a) Where the law of a Contracting Party
bound by the 1999 Act requires that an application for the protection of an industrial design be
filed in the name of the creator of the industrial design, that Contracting Party may, in a
declaration, notify the Director General of that fact.
(b) The
declaration
referred
to in subparagraph (a) shall specify the form and
mandatory contents of any statement or document required for the purposes of paragraph (2).

(2) [Identity of the Creator and Assignment of International Application] Where an
international application contains the designation of a Contracting Party that has made the
declaration referred to in paragraph (1),

(i) it shall also contain indications concerning the identity of the creator
of the industrial design, together with a statement, complying with the requirements specified
in accordance with paragraph (1)(b), that the latter believes himself to be the creator of the
industrial design; the person so identified as the creator shall be deemed to be the applicant
for the purposes of the designation of that Contracting Party, irrespective of the person named
as the applicant in accordance with Rule 7(3)(i);

(ii) where the person identified as the creator is a person other than the
person named as the applicant in accordance with Rule 7(3)(i), the international application
shall be accompanied by a statement or document, complying with the requirements specified
in accordance with paragraph (1)(b), to the effect that it has been assigned by the person
identified as the creator to the person named as the applicant. The latter person shall be
recorded as the holder of the international registration.


Rule 9
Reproductions of the Industrial Design

(1) [Form and Number of Reproductions of the Industrial Design] (a) Reproductions of
the industrial design shall, at the option of the applicant, be in the form of photographs or other
graphic representations of the industrial design itself or of the product or products which
constitute the industrial design. The same product may be shown from different angles; views
from different angles shall be included in different photographs or other graphic representations.
(b) Any reproduction shall be submitted in the number of copies specified in the
Administrative Instructions.

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(2) [Requirements Concerning Reproductions] (a) Reproductions shall be of a quality
permitting all the details of the industrial design to be clearly distinguished and permitting
publication.
(b)
Matter which is shown in a reproduction but for which protection is not sought
may be indicated as provided for in the Administrative Instructions.

(3) [Views Required] (a) Subject to subparagraph (b), any Contracting Party bound by
the 1999 Act which requires certain specified views of the product or products which constitute
the industrial design or in relation to which the industrial design is to be used shall, in a
declaration, so notify the Director General, specifying the views that are required and the
circumstances in which they are required.
(b) No Contracting Party may require more than one view where the industrial
design or product is two-dimensional, or more than six views where the product is
three-dimensional.

(4) [Refusal on Grounds Relating to the Reproductions of the Industrial Design] A
Contracting Party may not refuse the effects of the international registration on the ground that
requirements relating to the form of the reproductions of the industrial design that are additional
to, or different from, those notified by that Contracting Party in accordance with paragraph (3)(a)
have not been satisfied under its law. A Contracting Party may however refuse the effects of the
international registration on the ground that the reproductions contained in the international
registration are not sufficient to disclose fully the industrial design.


Rule 10
Specimens of the Industrial Design Where
Deferment of Publication Is Requested

(1) [Number of Specimens] Where an international application governed exclusively by
the 1999 Act contains a request for deferment of publication in respect of a two-dimensional
industrial design and, instead of being accompanied by the reproductions referred to in Rule 9, is
accompanied by specimens of the industrial design, the following number of specimens shall
accompany the international application:

(i)
one specimen for the International Bureau, and

(ii) one specimen for each designated Office that has notified the
International Bureau under Article 10(5) of the 1999 Act that it wishes to receive copies of
international registrations.

(2) [Specimens] All the specimens shall be contained in a single package. The
specimens may be folded. The maximum dimensions and weight of the package shall be
specified in the Administrative Instructions.


Rule 11
Identity of Creator; Description; Claim

(1) [Identity of Creator]

Where the international application contains indications
concerning the identity of the creator of the industrial design, his name and address shall be given
in accordance with the Administrative Instructions.