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
27


(m) Notwithstanding Rule 24(2)(b), an international registration resulting from an
international application governed exclusively by the 1934 Act shall not be renewed where the
duration of international protection of fifteen years referred to in Article 7 of the 1934 Act has
expired.
(n) The renewal of an international registration resulting from an international
application governed exclusively by the 1934 Act, for the second period of protection of ten years
referred to in Article 7 of the 1934 Act, may be requested at the time of filing the international
application concerned. In such case, the fee referred to in Rule 24(1)(a)(i) shall be payable at the
time of filing of the said international application, failing which the request for renewal shall be
disregarded by the International Bureau.

(3) [International Applications Under Sealed Cover] (a) An international application
governed exclusively by the 1934 Act shall contain, in addition to the indications referred to in
Rule 7(3), an indication as to whether such application is made under open or sealed cover.
(b) Upon
expiry
of the first period of five years of international protection referred
to in Article 7 of the 1934 Act, any international registration which is under sealed cover shall be
opened by the International Bureau upon renewal of the said registration.


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

(1) [General Principle] These Regulations shall be applicable to international
applications referred to in Rule 1(1)(xviii) to (xx), and to international registrations resulting
therefrom, subject to paragraph (2).

(2) [Exceptions] (a) Notwithstanding Rule 7(5)(e), deferment of publication may not be
requested with respect to an international application referred to in paragraph (1). Where
deferment of publication has been requested and one of the designated Contracting Parties in the
international application has been designated under the 1934 Act, the International Bureau shall
notify the applicant accordingly; if, within the period of one month from the date of the
notification sent by the International Bureau, the applicant does not, by notice in writing to the
International Bureau, withdraw the designation of the said Contracting Party, the International
Bureau shall disregard the request for deferment of publication.
(b) Notwithstanding Rule 21(3), a change in ownership may not be recorded in
respect of a designated Contracting Party if, on the basis of the indications referred to in
Rule 21(2)(iv), the 1934 Act would cease to be applicable, or would become applicable, in respect
of that Contracting Party.
(c) With respect to Contracting Parties designated under the 1934 Act in an
international application referred to in paragraph (1), or in an international registration resulting
therefrom,

(i)
the fees referred to in Rule 12(1)(a)(ii) to (iv) shall not be payable;

(ii) the effects of the international registration concerned may not be the
subject of a notification of refusal of protection referred to in Rule 18;

(iii) the renewal fees referred to in Rule 24(1)(a)(ii) and (iii) shall not be
payable;

(iv) the international registration concerned shall not be renewed where
the duration of international protection of fifteen years referred to in Article 7 of the 1934 Act
has expired, notwithstanding Rule 24(2)(b).
28 COMMON
REGULATIONS



CHAPTER 9

MISCELLANEOUS


Rule 32
Extracts, Copies and Information Concerning
Published International Registrations

(1) [Modalities] Against payment of a fee whose amount shall be fixed in the Schedule
of Fees, any person may obtain from the International Bureau, in respect of any published
international registration:

(i)
extracts from the International Register;

(ii) certified copies of recordings made in the International Register or of
items in the file of the international registration;

(iii) uncertified copies of recordings made in the International Register or
of items in the file of the international registration;

(iv) written information on the contents of the International Register or of
the file of the international registration;


(v)
a photograph of a specimen.

(2) [Exemption from Authentication, Legalization or any Other Certification] In respect
of a document referred to in paragraph (1)(i) and (ii), bearing the seal of the International Bureau
and the signature of the Director General or a person acting on his behalf, no authority of any
Contracting Party shall require authentication, legalization or any other certification of such
document, seal or signature, by any other person or authority. The present paragraph applies
mutatis mutandis to the international registration certificate referred to in Rule 15(1).


Rule 33
Amendment of Certain Rules

(1) [Requirement of Unanimity] Amendment of the following provisions of these
Regulations shall require unanimity of the Contracting Parties bound by the 1999 Act:
(i)
Rule
13(4);
(ii)
Rule
18(1).

(2) [Requirement of Four-Fifths Majority] Amendment of the following provisions of
the Regulations and of paragraph (3) of the present Rule shall require a four-fifths majority of the
Contracting Parties bound by the 1999 Act:
(i)
Rule
7(7);
(ii)
Rule
9(3)(b);
(iii)
Rule
16(1)(a);
(iv)
Rule
17(1)(iii).

(3) [Procedure] Any proposal for amending a provision referred to in paragraph (1)
or (2) shall be sent to all Contracting Parties at least two months prior to the opening of the
session of the Assembly which is called upon to make a decision on the proposal.


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29


Rule 34
Administrative Instructions

(1)
[Establishment of Administrative Instructions; Matters Governed by Them] (a) The
Director General shall establish Administrative Instructions. The Director General may modify
them. The Director General shall consult the Offices of the Contracting Parties with respect to the
proposed Administrative Instructions or their proposed modification.
(b) The
Administrative
Instructions shall deal with matters in respect of which
these Regulations expressly refer to such Instructions and with details in respect of the application
of these Regulations.

(2) [Control by the Assembly] The Assembly may invite the Director General to modify
any provision of the Administrative Instructions, and the Director General shall proceed
accordingly.

(3) [Publication and Effective Date] (a) The Administrative Instructions and any
modification thereof shall be published in the Bulletin.
(b) Each publication shall specify the date on which the published provisions
become effective. The dates may be different for different provisions, provided that no provision
may be declared effective prior to its publication in the Bulletin.

(4) [Conflict with the 1999 Act, the 1960 Act, the 1934 Act or These Regulations] In the
case of conflict between, on the one hand, any provision of the Administrative Instructions and,
on the other hand, any provision of the 1999 Act, the 1960 Act, the 1934 Act or of these
Regulations, the latter shall prevail.


Rule 35
Declarations Made by Contracting Parties to the 1999 Act

(1) [Making and Coming into Effect of Declarations] Article 30(1) and (2) of
the 1999 Act shall apply mutatis mutandis to the making of any declaration under Rules 8(1),
9(3)(a), 13(4) or 18(1)(b) and to its coming into effect.

(2) [Withdrawal of Declarations] Any declaration referred to in paragraph (1) may be
withdrawn at any time by notification addressed to the Director General. Such withdrawal shall
take effect upon receipt by the Director General of the notification of withdrawal or at any later
date indicated in the notification. In the case of a declaration made under Rule 18(1)(b), the
withdrawal shall not affect an international registration whose date is earlier than the coming into
effect of the said withdrawal.


Rule 36
Declarations Made by Contracting Parties to the 1960 Act

(1) [Individual Designation Fee] For the purpose of Article 15(1)2(b) of the 1960 Act,
any Contracting Party to the 1960 Act whose Office is an Examining Office may, in a declaration,
notify the Director General that, in connection with any international application in which it is
designated under the 1960 Act, the standard designation fee referred to in Rule 12(1)(a)(ii) shall
be replaced by an individual designation fee, whose amount shall be indicated in the declaration
and can be changed in further declarations. The said amount may not be higher than the
30 COMMON
REGULATIONS



equivalent of the amount which the Office of that Contracting Party would be entitled to receive
from an applicant for a grant of protection for an equivalent period to the same number of
industrial designs, that amount being diminished by the savings resulting from the international
procedure.

(2) [Maximum Duration of Protection] Each Contracting Party to the 1960 Act shall, in a
declaration, notify the Director General of the maximum duration of protection provided for by its
law.

(3) [Time at Which Declarations May Be Made] Any declaration under paragraphs (1)
and (2) may be made

(i) at the time of the deposit of an instrument referred to in Article 26(2)
of the 1960 Act, in which case it shall become effective on the date on which the State having
made the declaration becomes bound by this Act, or

(ii) after the deposit of an instrument referred to in Article 26(2) of the
1960 Act, in which case it shall become effective one month after the date of its receipt by the
Director General or at any later date indicated in the declaration but shall apply only in
respect of any international registration whose date of international registration is the same as,
or is later than, the effective date of the declaration.


COMMON
REGULATIONS
31


SCHEDULE OF FEES

(as in force on January 1, 2008)


Swiss francs

I.
International Applications Governed Exclusively or Partly by the
1960 Act or by the 1999 Act

1. Basic
fee*
1.1 For one design
397
1.2 For each additional design included in the same international
application 19

2. Publication
fee*
2.1 For each reproduction to be published
17
2.2 For each page, in addition to the first, on which one or more
reproductions are shown (where the reproductions are
submitted on paper)
150

3.
Additional fee where the description exceeds 100 words per word
exceeding 100 words
2


*
For international applications filed by applicants whose sole entitlement is a connection with a
Least Developed Country, in accordance with the list established by the United Nations, the fees
intended for the International Bureau are reduced to 10% of the prescribed amounts (rounded to
the nearest full figure). If there are several applicants, each must fulfill the said criterion.
Where such fee reduction applies, the basic fee is fixed at 40 Swiss francs (for one design) and
2 Swiss francs (for each additional design included in the same international application), the
publication fee is fixed at 2 Swiss francs for each reproduction and 15 Swiss francs for each
page, in addition to the first, on which one or more reproductions are shown, and the additional
fee where the description exceeds 100 words is fixed at 1 Swiss franc per group of five words
exceeding 100 words.