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

22 COMMON
REGULATIONS



(b)
Where the holder wishes to renew the international registration in respect of a
designated Contracting Party notwithstanding the fact that the maximum period of protection for
industrial designs in that Contracting Party has expired, payment of the required fees, including
the standard designation fee or the individual designation fee, as the case may be, for that
Contracting Party, shall be accompanied by a statement that the renewal of the international
registration is to be recorded in the International Register in respect of that Contracting Party.
(c)
Where the holder wishes to renew the international registration in respect of a
designated Contracting Party notwithstanding the fact that a refusal is recorded in the International
Register for that Contracting Party in respect of all the industrial designs concerned, payment of
the required fees, including the standard designation fee or the individual designation fee, as the
case may be, for that Contracting Party, shall be accompanied by a statement specifying that the
renewal of the international registration is to be recorded in the International Register in respect of
that Contracting Party.
(d)
The international registration may not be renewed in respect of any designated
Contracting Party in respect of which an invalidation has been recorded for all the industrial
designs under Rule 20 or in respect of which a renunciation has been recorded under Rule 21.
The international registration may not be renewed in respect of any designated Contracting Party
for those industrial designs in respect of which an invalidation in that Contracting Party has been
recorded under Rule 20 or in respect of which a limitation has been recorded under Rule 21.

(3) [Insufficient Fees] (a) If the amount of the fees received is less than the amount
required for renewal, the International Bureau shall promptly notify at the same time both the
holder and the representative, if any, accordingly. The notification shall specify the missing
amount.
(b)
If the amount of the fees received is, on the expiry of the period of six months
referred to in paragraph (1)(c), less than the amount required for renewal, the International Bureau
shall not record the renewal, shall refund the amount received and shall notify accordingly the
holder and the representative, if any.


Rule 25
Recording of the Renewal; Certificate

(1) [Recording and Effective Date of the Renewal] Renewal shall be recorded in the
International Register with the date on which renewal was due, even if the fees required for
renewal are paid within the period of grace referred to in Rule 24(1)(c).

(2) [Certificate] The International Bureau shall send a certificate of renewal to the
holder.


COMMON
REGULATIONS
23


CHAPTER 6

BULLETIN


Rule 26
Bulletin

(1) [Information Concerning International Registrations] The International Bureau shall
publish in the Bulletin relevant data concerning


(i)
international registrations, in accordance with Rule 17;

(ii) refusals recorded under Rule 18(5), with an indication as to whether
there is a possibility of review or appeal, but without the grounds for refusal;

(iii)
invalidations recorded under Rule 20(2);

(iv) changes in ownership, changes of name or address of the holder,
renunciations and limitations recorded under Rule 21;

(v)
corrections effected under Rule 22;

(vi)
renewals recorded under Rule 25(1);
(vii)
international
registrations which have not been renewed.

(2) [Information Concerning Declarations; Other Information] The International
Bureau shall publish in the Bulletin any declaration made by a Contracting Party under
the 1999 Act, the 1960 Act or these Regulations, as well as a list of the days on which the
International Bureau is not scheduled to open to the public during the current and the following
calendar year.

(3) [Mode of Publishing the Bulletin] The Bulletin referred to in Rule 1(1)(x) shall be
published on the website of the Organization. The date on which each issue of the Bulletin is
published on that website shall be electronically communicated by the International Bureau to the
Office of each Contracting Party. Such communication shall be deemed to replace the sending of
the Bulletin referred to in Article 10(3)(b) of the 1999 Act and Article 6(3)(b) of the 1960 Act,
and, for the purposes of Article 8(2) of the 1960 Act, the Bulletin shall be deemed to have been
received by each Office concerned also on the date of the said communication.



CHAPTER 7

FEES


Rule 27
Amounts and Payment of Fees

(1) [Amounts of Fees] The amounts of fees due under the 1999 Act, the 1960 Act,
the 1934 Act and these Regulations, other than individual designation fees referred to in
Rule 12(1)(a)(iii), shall be specified in the Schedule of Fees which is annexed to these
Regulations and forms an integral part thereof.

24 COMMON
REGULATIONS



(2) [Payment] (a) Subject to subparagraph (b) and Rule 12(3)(c), the fees shall be paid
directly to the International Bureau.
(b)
Where the international application is filed through the Office of the applicant’s
Contracting Party, the fees payable in connection with that application may be paid through that
Office if it accepts to collect and forward such fees and the applicant or the holder so wishes. Any
Office which accepts to collect and forward such fees shall notify that fact to the Director General.

(3) [Modes of Payment] Fees shall be paid to the International Bureau in accordance
with the Administrative Instructions.

(4) [Indications Accompanying the Payment] At the time of the payment of any fee to
the International Bureau, an indication must be given,
(i)
before
international
registration,
of the name of the applicant, the
industrial design concerned and the purpose of the payment;
(ii)
after
international registration, of the name of the holder, the number
of the international registration concerned and the purpose of the payment.

(5) [Date of Payment] (a) Subject to Rule 24(1)(d) and subparagraph (b), any fee shall
be considered to have been paid to the International Bureau on the day on which the International
Bureau receives the required amount.
(b) Where the required amount is available in an account opened with the
International Bureau and that Bureau has received instructions from the holder of the account to
debit it, the fee shall be considered to have been paid to the International Bureau on the day on
which the International Bureau receives an international application, a request for the recording of
a change, or an instruction to renew an international registration.

(6) [Change in the Amount of the Fees] (a) Where an international application is filed
through the Office of the applicant’s Contracting Party and the amount of the fees payable in
respect of the filing of the international application is changed between, on the one hand, the date
on which the international application was received by that Office and, on the other hand, the date
of the receipt of the international application by the International Bureau, the fee that was valid on
the first date shall be applicable.
(b) Where the amount of the fees payable in respect of the renewal of an
international registration is changed between the date of payment and the due date of the renewal,
the fee that was valid on the date of payment, or on the date considered to be the date of payment
under Rule 24(1)(d), shall be applicable. Where the payment is made after the due date, the fee
that was valid on the due date shall be applicable.
(c) Where the amount of any fee other than the fees referred to in
subparagraphs (a) and (b) is changed, the amount valid on the date on which the fee was received
by the International Bureau shall be applicable.


Rule 28
Currency of Payments

(1) [Obligation to Use Swiss Currency] All payments made under these Regulations to
the International Bureau shall be in Swiss currency irrespective of the fact that, where the fees are
paid through an Office, such Office may have collected those fees in another currency.

COMMON
REGULATIONS
25


(2) [Establishment of the Amount of Individual Designation Fees in Swiss
Currency] (a) Where a Contracting Party makes a declaration under Article 7(2) of the 1999 Act
or under Rule 36(1) that it wants to receive an individual designation fee, the amount of the fee
indicated to the International Bureau shall be expressed in the currency used by its Office.
(b)
Where the fee is indicated in the declaration referred to in subparagraph (a) in a
currency other than Swiss currency, the Director General shall, after consultation with the Office
of the Contracting Party concerned, establish the amount of the fee in Swiss currency on the basis
of the official exchange rate of the United Nations.
(c)
Where, for more than three consecutive months, the official exchange rate of
the United Nations between the Swiss currency and the currency in which the amount of an
individual designation fee has been indicated by a Contracting Party is higher or lower by at least
5% than the last exchange rate applied to establish the amount of the fee in Swiss currency, the
Office of that Contracting Party may ask the Director General to establish a new amount of the fee
in Swiss currency according to the official exchange rate of the United Nations prevailing on the
day preceding the day on which the request is made. The Director General shall proceed
accordingly. The new amount shall be applicable as from a date which shall be fixed by the
Director General, provided that such date is between one and two months after the date of the
publication of the said amount in the Bulletin.
(d) Where, for more than three consecutive months, the official exchange rate of
the United Nations between the Swiss currency and the currency in which the amount of an
individual designation fee has been indicated by a Contracting Party is lower by at least 10% than
the last exchange rate applied to establish the amount of the fee in Swiss currency, the Director
General shall establish a new amount of the fee in Swiss currency according to the current official
exchange rate of the United Nations. The new amount shall be applicable as from a date which
shall be fixed by the Director General, provided that such date is between one and two months
after the date of the publication of the said amount in the Bulletin.


Rule 29
Crediting of Fees to the Accounts of the Contracting Parties Concerned

Any standard designation fee or individual designation fee paid to the International
Bureau in respect of a Contracting Party shall be credited to the account of that Contracting
Party with the International Bureau within the month following the month in the course of
which the recording of the international registration or renewal for which that fee has been
paid was effected or, as regards the second part of the individual designation fee,
immediately upon its receipt by the International Bureau.


26 COMMON
REGULATIONS



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

(1) [General Principle] Unless otherwise specified and subject to paragraph (2), these
Regulations shall be applicable to international applications governed exclusively by the 1934 Act
and to international registrations resulting therefrom.

(2) [Exceptions] (a) Notwithstanding Rule 6, any international application governed
exclusively by the 1934 Act shall be in French. Any communication concerning that international
application or the international registration resulting therefrom shall be in French.
(b) Notwithstanding Rule 7(5)(a), a description of the reproduction or of the
characteristic features of the industrial designs and the identity of the creator of the industrial
designs may not be included in an application governed exclusively by the 1934 Act.
(c)
Notwithstanding Rule 7(5)(e), deferment of publication may not be requested
with respect to an international application governed exclusively by the 1934 Act.
(d)
Notwithstanding Rule 7(7), the industrial designs contained in an international
application governed exclusively by the 1934 Act may belong to different classes of the
International Classification.
(e)
Notwithstanding Rule 9(1), an international application governed exclusively
by the 1934 Act may, instead of containing reproductions, be accompanied by specimens.
(f) Notwithstanding Rule 12(1)(a), an international application governed
exclusively by the 1934 Act shall be subject only to the payment of the basic fee referred to in
Rule 12(1)(a)(i).
(g) Notwithstanding
Rule
15(1), the reproductions of the industrial designs
contained in an international application governed exclusively by the 1934 Act shall not be
registered in the International Register.
(h) Notwithstanding Rule 17(1), an international registration resulting from an
international application governed exclusively by the 1934 Act shall be published immediately
after registration.
(i) Notwithstanding Rule 17(2)(ii), the reproductions of industrial designs
contained in an international registration resulting from an international application governed
exclusively by the 1934 Act shall not be published in the Bulletin.
(j)
Notwithstanding Rule 18, the effects of an international registration resulting
from an international application governed exclusively by the 1934 Act may not be the subject of
a notification of refusal of protection.
(k) Notwithstanding Rule 21(3), a change in ownership may not be recorded in
respect of a Contracting Party designated under the 1934 Act if, on the basis of the indications
referred to in Rule 21(2)(iv), the 1934 Act would cease to be applicable in respect of that
Contracting Party.
(l)
Notwithstanding Rule 24(1)(a), an international registration resulting from an
international application governed exclusively by the 1934 Act shall be renewed upon payment
only of the basic fee referred to in Rule 24(1)(a)(i).