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

12 COMMON
REGULATIONS



(2) [Description] Where the international application contains a description, the latter
shall concern those features that appear in the reproductions of the industrial design and may not
concern technical features of the operation of the industrial design or its possible utilization. If the
description exceeds 100 words, an additional fee, as set out in the Schedule of Fees, shall be
payable.

(3) [Claim] A declaration under Article 5(2)(a) of the 1999 Act that the law of a
Contracting Party requires a claim in order for an application for the grant of protection to an
industrial design to be accorded a filing date under that law shall specify the exact wording of the
required claim. Where the international application contains a claim, the wording of that claim
shall be as specified in the said declaration.


Rule 12
Fees Concerning the International Application

(1) [Prescribed Fees] (a) The international application shall be subject to the payment
of the following fees:

(i)
a basic fee;

(ii) a standard designation fee in respect of each designated Contracting
Party that has not made a declaration under Article 7(2) of the 1999 Act or under Rule 36(1),
the level of which will depend on a declaration made under subparagraph (c);

(iii) an individual designation fee in respect of each designated
Contracting Party that has made a declaration under Article 7(2) of the 1999 Act or under
Rule 36(1);

(iv)
a publication fee.
(b)
The level of the standard designation fee referred to in subparagraph (a)(ii)
shall be as follows:
(i)
for Contracting Parties whose office does not carry out any
examination on substantive grounds: ..............................................................................................one
(ii)
for Contracting Parties whose office carries out examination
on substantive grounds, other than as to novelty: .................................................................. two
(iii)
for Contracting Parties whose office carries out examination
on substantive grounds, including examination as to novelty either ex offico or
following opposition by third parties: .................................................................................. three
(c)
(i) Any Contracting Party whose legislation entitles it to the application
of level two or three under subparagraph (b) may, in a declaration, notify the Director General
accordingly. A Contracting Party may also, in its declaration, specify that it opts for the
application of level two, even if its legislation entitles it to the application of level three.

(ii) Any declaration made under item (i) shall take effect three months
after its receipt by the Director General or at any later date indicated in the declaration. It may
also be withdrawn at any time by notification addressed to the Director General, in which case
such withdrawal shall take effect one month after its receipt by the Director General or at any
later date indicated in the notification. In the absence of such a declaration, or where a
declaration has been withdrawn, level one will be deemed to be the level applicable to the
standard designation fee in respect of that Contracting Party.

(2) [When Fees to Be Paid] The fees referred to in paragraph (1) are, subject to
paragraph (3), payable at the time of filing the international application, except that, where the
international application contains a request for deferment of publication, the publication fee may
be paid later, in accordance with Rule 16(3)(a).
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REGULATIONS
13


(3) [Individual Designation Fee Payable in Two Parts] (a) A declaration under
Article 7(2) of the 1999 Act or under Rule 36(1) may also specify that the individual designation
fee to be paid in respect of the Contracting Party concerned comprises two parts, the first part to
be paid at the time of filing the international application and the second part to be paid at a later
date which is determined in accordance with the law of the Contracting Party concerned.
(b) Where
subparagraph
(a)
applies, the reference in paragraph (1)(iii) to an
individual designation fee shall be construed as a reference to the first part of the individual
designation fee.
(c)
The second part of the individual designation fee may be paid either directly to
the Office concerned or through the International Bureau, at the option of the holder. Where it is
paid directly to the Office concerned, the Office shall notify the International Bureau accordingly
and the International Bureau shall record any such notification in the International Register.
Where it is paid through the International Bureau, the International Bureau shall record the
payment in the International Register and notify the Office concerned accordingly.
(d)
Where the second part of the individual designation fee is not paid within the
applicable period, the Office concerned shall notify the International Bureau and request the
International Bureau to cancel the international registration in the International Register with
respect to the Contracting Party concerned. The International Bureau shall proceed accordingly
and so notify the holder.


Rule 13
International Application Filed Through an Office

(1) [Date of Receipt by Office and Transmittal to the International Bureau] Where an
international application governed exclusively by the 1999 Act is filed through the Office of the
applicant’s Contracting Party, that Office shall notify the applicant of the date on which it
received the application. At the same time as it transmits the international application to the
International Bureau, the Office shall notify the International Bureau of the date on which it
received the application. The Office shall notify the applicant of the fact that it has transmitted the
international application to the International Bureau.

(2) [Transmittal Fee] An Office that requires a transmittal fee, as provided for in
Article 4(2) of the 1999 Act, shall notify the International Bureau of the amount of such fee,
which should not exceed the administrative costs of receiving and transmitting the international
application, and its due date.

(3) [Filing Date of International Application Filed Indirectly] Subject to Rule 14(2), the
filing date of an international application filed through an Office shall be

(i) where the international application is governed exclusively by the
1999 Act, the date on which the international application was received by that Office,
provided that it is received by the International Bureau within one month of that date;

(ii) in any other case, the date on which the International Bureau receives
the international application.

(4) [Filing Date Where Applicant’s Contracting Party Requires a Security
Clearance] Notwithstanding paragraph (3), a Contracting Party whose law, at the time that it
becomes party to the 1999 Act, requires security clearance may, in a declaration, notify the
Director General that the period of one month referred to in that paragraph shall be replaced by a
period of six months.

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REGULATIONS



Rule 14
Examination by the International Bureau

(1) [Time Limit for Correcting Irregularities] If the International Bureau finds that the
international application does not, at the time of its receipt by the International Bureau, fulfill the
applicable requirements, it shall invite the applicant to make the required corrections within three
months from the date of the invitation sent by the International Bureau.

(2) [Irregularities Entailing a Postponement of the Filing Date of the International
Application] 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. The
irregularities which are prescribed as entailing a postponement of the filing date of the
international application are the following:
(a) the international application is not in the prescribed language or one of the
prescribed languages;
(b)
any of the following elements is missing from the international application:


(i) an express or implicit indication that international registration under
the 1999 Act, the 1960 Act or the 1934 Act is sought;

(ii)
indications allowing the identity of the applicant to be established;

(iii) indications sufficient to enable the applicant or its representative, if
any, to be contacted;

(iv) a reproduction, or, in accordance with Article
5(1)(iii) of
the 1999 Act, a specimen, of each industrial design that is the subject of the international
application;

(v)
the designation of at least one Contracting Party.

(3) [International Application Considered Abandoned; Reimbursement of Fees] Where
an irregularity, other than an irregularity referred to in Article 8(2)(b) of the 1999 Act, is not
remedied within the time limit referred to in paragraph (1), the international application shall be
considered abandoned and the International Bureau shall refund any fees paid in respect of that
application, after deduction of an amount corresponding to the basic fee.


Rule 15
Registration of the Industrial Design in the International Register

(1) [Registration of the Industrial Design in the International Register] Where the
International Bureau finds that the international application conforms to the applicable
requirements, it shall register the industrial design in the International Register and send a
certificate to the holder.

(2) [Contents of the Registration] The international registration shall contain

(i) all the data contained in the international application, except any
priority claim under Rule 7(5)(c) where the date of the earlier filing is more than six months
before the filing date of the international application;

(ii)
any reproduction of the industrial design;

(iii)
the date of the international registration;

(iv)
the number of the international registration;
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REGULATIONS
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(v) the relevant class of the International Classification, as determined by
the International Bureau.


Rule 16
Deferment of Publication

(1) [Maximum Period of Deferment]
(a)
The prescribed period for deferment of
publication in respect of an international application governed exclusively by the 1999 Act shall
be 30 months from the filing date or, where priority is claimed, from the priority date of the
application concerned.
(b)
The maximum period for deferment of publication in respect of an international
application governed exclusively by the 1960 Act or by both the 1999 Act and the 1960 Act shall
be 12 months from the filing date or, where priority is claimed, from the priority date of the
application concerned.

(2) [Period for Withdrawal of Designation Where Deferment Is Not Possible Under
Applicable Law] The period referred to in Article 11(3)(i) of the 1999 Act for the applicant to
withdraw the designation of a Contracting Party whose law does not allow the deferment of
publication shall be one month from the date of the notification sent by the International Bureau.

(3) [Period for Paying Publication Fee and Submitting Reproductions] (a) The
publication fee referred to in Rule 12(1)(a)(iv) shall be paid, and, where specimens have been
submitted instead of reproductions in accordance with Rule 10, those reproductions shall be
submitted, not later than three months before the period of deferment applicable under
Article 11(2) of the 1999 Act or under Article 6(4)(a) of the 1960 Act expires or not later than
three months before the period of deferment is considered to have expired in accordance with
Article 11(4)(a) of the 1999 Act or with Article 6(4)(b) of the 1960 Act.
(b)
Six months before the expiry of the period of deferment of publication referred
to in subparagraph (a), the International Bureau shall, by sending an unofficial notice, remind the
holder of the international registration, where applicable, of the date by which the publication fee
referred to in paragraph (3) shall be paid and the reproductions referred to in paragraph (3) shall
be submitted.

(4) [Registration of Reproductions] The International Bureau shall record in the
International Register any reproduction submitted under paragraph (3) .

(5) [Requirements Not Complied With] If the requirements of paragraph (3) are not
complied with, the international registration shall be canceled and shall not be published.


Rule 17
Publication of the International Registration

(1) [Timing of Publication] The international registration shall be published

(i)
where the applicant so requests, immediately after the registration,

(ii)
where deferment of publication has been requested and the request has
not been disregarded, immediately after the date on which the period of deferment expired or
is considered to have expired,

(iii) in any other case, six months after the date of the international
registration or as soon as possible thereafter.
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REGULATIONS



(2) [Contents of Publication] The publication of the international registration in the
Bulletin shall contain

(i)
the data recorded in the International Register;

(ii)
the reproduction or reproductions of the industrial design;

(iii) where publication has been deferred, an indication of the date on
which the period of deferment expired or is considered to have expired.



CHAPTER 3

REFUSALS AND INVALIDATIONS


Rule 18
Notification of Refusal

(1) [Period for Notification of Refusal] (a) The prescribed period for the notification of
refusal of the effects of an international registration in accordance with Article 12(2) of
the 1999 Act or Article 8(1) of the 1960 Act shall be six months from the publication of the
international registration as provided for by Rule 26(3).
(b) Notwithstanding subparagraph (a), any Contracting Party whose Office is an
Examining Office, or whose law provides for the possibility of opposition to the grant of
protection, may, in a declaration, notify the Director General that, where it is designated under the
1999 Act, the period of six months referred to in that subparagraph shall be replaced by a period
of 12 months.
(c) The declaration referred to in subparagraph (b) may also state that the
international registration shall produce the effect referred to in Article 14(2)(a) of the 1999 Act at
the latest

(i) at a time specified in the declaration which may be later than the date
referred to in that Article but which shall not be more than six months after the said date or

(ii) at a time at which protection is granted according to the law of the
Contracting Party where a decision regarding the grant of protection was unintentionally not
communicated within the period applicable under subparagraph (a) or (b); in such a case, the
Office of the Contracting Party concerned shall notify the International Bureau accordingly
and endeavor to communicate such decision to the holder of the international registration
concerned promptly thereafter.

(2) [Notification of Refusal] (a) The notification of any refusal shall relate to one
international registration, shall be dated and shall be signed by the Office making the notification.
(b)
The notification shall contain or indicate

(i)
the Office making the notification,

(ii)
the number of the international registration,

(iii)
all the grounds on which the refusal is based together with a reference
to the corresponding essential provisions of the law,

(iv) where the grounds on which the refusal is based refer to similarity
with an industrial design which has been the subject of an earlier national, regional or
international application or registration, the filing date and number, the priority date (if any),
the registration date and number (if available), a copy of a reproduction of the earlier
industrial design (if that reproduction is accessible to the public) and the name and address of
the owner of the said industrial design, as provided for in the Administrative Instructions,