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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(v) where the refusal does not relate to all the industrial designs that are
the subject of the international registration, those to which it relates or does not relate,

(vi) whether the refusal may be subject to review or appeal and, if so, the
time limit, reasonable under the circumstances, for any request for review of, or appeal
against, the refusal and the authority to which such request for review or appeal shall lie, with
the indication, where applicable, that the request for review or the appeal has to be filed
through the intermediary of a representative whose address is within the territory of the
Contracting Party whose Office has pronounced the refusal, and

(vii)
the date on which the refusal was pronounced.

(3) [Notification of Division of International Registration] Where, following a
notification of refusal in accordance with Article 13(2) of the 1999 Act, an international
registration is divided before the Office of a designated Contracting Party in order to overcome a
ground of refusal stated in that notification, that Office shall notify the International Bureau of
such data concerning the division as shall be specified in the Administrative Instructions.

(4) [Notification of Withdrawal of Refusal] (a) The notification of any withdrawal of
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) where the withdrawal does not relate to all the industrial designs to
which the refusal applied, those to which it relates or does not relate, and

(iv)
the date on which the refusal was withdrawn.

(5) [Recording] The International Bureau shall record any notification received under
paragraph (1)(c)(ii), (2) or (4) in the International Register together with, in the case of a
notification of refusal, an indication of the date on which the notification of refusal was sent to the
International Bureau.

(6) [Transmittal of Copies of Notifications] The International Bureau shall transmit
copies of notifications received under paragraph (1)(c)(ii), (2) or (4) to the holder.


Rule 19
Irregular Refusals

(1) [Notification Not Regarded as Such] (a) A notification of refusal shall not be
regarded as such by the International Bureau and shall not be recorded in the International
Register

(i) if it does not indicate the number of the international registration
concerned, unless other indications contained in the notification permit the said registration to
be identified,

(ii)
if it does not indicate any grounds for refusal, or

(iii) if it is sent to the International Bureau after the expiry of the period
applicable under Rule 18(1).
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(b)
Where subparagraph (a) applies, the International Bureau shall, unless it cannot
identify the international registration concerned, transmit a copy of the notification to the holder,
shall inform, at the same time, the holder and the Office that sent the notification that the
notification of refusal is not regarded as such by the International Bureau and has not been
recorded in the International Register, and shall indicate the reasons therefor.

(2) [Irregular Notification] If the notification of refusal

(i) is not signed on behalf of the Office which communicated the refusal,
or does not comply with the requirements established under Rule 2,

(ii) does not comply, where applicable, with the requirements of
Rule 18(2)(b)(iv),

(iii) does not indicate, where applicable, the authority to which a request
for review or an appeal lies and the applicable time limit, reasonable under the circumstances,
for lodging such a request or appeal (Rule 18(2)(b)(vi)),

(iv) does not indicate the date on which the refusal was pronounced
(Rule 18(2)(b)(vii)),
the International Bureau shall nevertheless record the refusal in the International Register and
transmit a copy of the notification to the holder. If so requested by the holder, the
International Bureau shall invite the Office which communicated the refusal to rectify its
notification without delay.


Rule 20
Invalidation in Designated Contracting Parties

(1) [Contents of the Notification of Invalidation] Where the effects of an international
registration are invalidated in a designated Contracting Party and the invalidation is no longer
subject to any review or appeal, the Office of the Contracting Party whose competent authority
has pronounced the invalidation shall, where it is aware of the invalidation, notify the
International Bureau accordingly. The notification shall indicate

(i)
the authority which pronounced the invalidation,

(ii)
the fact that the invalidation is no longer subject to appeal,

(iii)
the number of the international registration,

(iv) where the invalidation does not relate to all the industrial designs that
are the subject of the international registration, those to which it relates or does not relate,

(v) the date on which the invalidation was pronounced and its effective
date.

(2) [Recording of the Invalidation] The International Bureau shall record the invalidation
in the International Register, together with the data contained in the notification of invalidation.


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CHAPTER 4

CHANGES AND CORRECTIONS


Rule 21
Recording of a Change

(1) [Presentation of the Request] (a) A request for the recording shall be presented to the
International Bureau on the relevant official form where the request relates to any of the
following:

(i)
a change in the ownership of the international registration in respect of
all or some of the industrial designs that are the subject of the international registration;

(ii)
a change in the name or address of the holder;

(iii) a renunciation of the international registration in respect of any or all
of the designated Contracting Parties;

(iv) a limitation, in respect of any or all of the designated Contracting
Parties, to one or some of the industrial designs that are the subject of the international
registration.
(b) The request shall be presented by the holder and signed by the holder;
however, a request for the recording of a change in ownership may be presented by the new
owner, provided that it is

(i)
signed by the holder, or

(ii) signed by the new owner and accompanied by an attestation from the
competent authority of the holder’s Contracting Party that the new owner appears to be the
successor in title of the holder.

(2) [Contents of the Request] The request for the recording of a change shall, in addition
to the requested change, contain or indicate

(i)
the number of the international registration concerned,

(ii) the name of the holder, unless the change relates to the name or
address of the representative,

(iii) in case of a change in the ownership of the international registration,
the name and address, given in accordance with the Administrative Instructions, of the new
owner of the international registration,

(iv) in case of a change in the ownership of the international registration,
the Contracting Party or Parties in respect of which the new owner fulfills the conditions to be
the holder of an international registration,

(v) in case of a change in the ownership of the international registration
that does not relate to all the industrial designs and to all the Contracting Parties, the numbers
of the industrial designs and the designated Contracting Parties to which the change in
ownership relates, and

(vi) the amount of the fees being paid and the method of payment, or
instruction 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.

(3) [Request Not Admissible] A change in the ownership of an international registration
may not be recorded in respect of a designated Contracting Party if that Contracting Party is not
bound by an Act to which the Contracting Party, or one of the Contracting Parties, indicated under
paragraph (2)(iv) is bound.

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(4) [Irregular Request] If the request does not comply with the applicable requirements,
the International Bureau shall notify that fact to the holder and, if the request was made by a
person claiming to be the new owner, to that person.

(5) [Time Allowed to Remedy Irregularity] The irregularity may be remedied within
three months from the date of the notification of the irregularity by the International Bureau. If
the irregularity is not remedied within the said three months, the request shall be considered
abandoned and the International Bureau shall notify accordingly and at the same time the holder
and, if the request was presented by a person claiming to be the new owner, that person, and shall
refund any fees paid, after deduction of an amount corresponding to one-half of the relevant fees.

(6) [Recording and Notification of a Change] (a) The International Bureau shall,
provided that the request is in order, promptly record the change in the International Register and
shall inform the holder. In the case of a recording of a change in ownership, the International
Bureau will inform both the new holder and the previous holder.
(b) The change shall be recorded as of the date of receipt by the International
Bureau of the request complying with the applicable requirements. Where however the request
indicates that the change should be recorded after another change, or after renewal of the
international registration, the International Bureau shall proceed accordingly.

(7) [Recording of Partial Change in Ownership] Assignment or other transfer of the
international registration in respect of some only of the industrial designs, or some only of the
designated Contracting Parties shall be recorded in the International Register under the number of
the international registration of which a part has been assigned or otherwise transferred; any
assigned or otherwise transferred part shall be canceled under the number of the said international
registration and recorded as a separate international registration. The separate international
registration shall bear the number of the international registration of which a part has been
assigned or otherwise transferred, together with a capital letter.

(8) [Recording of Merger of International Registrations] Where the same person
becomes the holder of two or more international registrations resulting from a partial change in
ownership, the registrations shall be merged at the request of the said person and paragraphs (1)
to (6) shall apply mutatis mutandis. The international registration resulting from the merger shall
bear the number of the international registration of which a part had been assigned or otherwise
transferred, together, where applicable, with a capital letter.


Rule 22
Corrections in the International Register

(1) [Correction] Where the International Bureau, acting ex officio or at the request of the
holder, considers that there is an error concerning an international registration in the International
Register, it shall modify the Register and inform the holder accordingly.

(2) [Refusal of Effects of Correction] The Office of any designated Contracting Party
shall have the right to declare in a notification to the International Bureau that it refuses to
recognize the effects of the correction. Rules 18 and 19 shall apply mutatis mutandis.



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CHAPTER 5

RENEWALS


Rule 23
Unofficial Notice of Expiry

Six months before the expiry of a five-year term, the International Bureau shall send to
the holder and the representative, if any, a notice indicating the date of expiry of the
international registration. The fact that the said notice is not received shall not constitute an
excuse for failure to comply with any time limit under Rule 24.


Rule 24
Details Concerning Renewal

(1) [Fees] (a) The international registration shall be renewed upon payment of the
following fees:

(i)
a basic fee;

(ii) a standard designation fee in respect of each Contracting Party
designated under the 1999 Act that has not made a declaration under Article 7(2) of
the 1999 Act, and each Contracting Party designated under the 1960 Act, for which the
international registration is to be renewed;

(iii) an individual designation fee for each Contracting Party designated
under the 1999 Act that has made a declaration under Article 7(2) of the 1999 Act and for
which the international registration is to be renewed.
(b)
The amounts of the fees referred to in items (i) and (ii) of subparagraph (a) are
set out in the Schedule of Fees.
(c)
The payment of the fees referred to in subparagraph (a) shall be made at the
latest on the date on which the renewal of the international registration is due. However, it may
still be made within six months from the date on which the renewal of the international
registration is due, provided that the surcharge specified in the Schedule of Fees is paid at the
same time.
(d) If any payment made for the purposes of renewal is received by the
International Bureau earlier than three months before the date on which the renewal of the
international registration is due, it shall be considered as having been received three months
before that date.

(2) [Further Details] (a) Where the holder does not wish to renew the international
registration

(i)
in respect of a designated Contracting Party, or

(ii) in respect of any of the industrial designs that are the subject of the
international registration,
payment of the required fees shall be accompanied by a statement indicating the Contracting
Party or the numbers of the industrial designs for which the international registration is not to
be renewed.