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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Part One
Definitions

Section 101: Abbreviated Expressions

(a)
For the purposes of these Administrative Instructions:


(i) “Regulations” means the Common Regulations under the Hague Agreement
Concerning the International Registration of Industrial Designs;


(ii) “Rule” means a Rule of the Regulations;

(b) An expression which is used in these Administrative Instructions and is referred
to in Rule 1 has the same meaning as in the Regulations.


Part Two
Communications with the International Bureau

Section 201: Communication in Writing; Several Documents in One Envelope

(a)
Communications addressed to the International Bureau shall be effected in writing
by typewriter or other machine and shall be signed.

(b) If several documents are mailed in one envelope, they should be accompanied by
a list identifying each of them.

Section 202: Signature

A signature shall be hand written, printed or stamped; it may be replaced by the
affixing of a seal or, as regards the electronic communication referred to in Section 204(a)(i)
or (ii), by a mode of identification to be determined by the International Bureau or agreed
upon between the International Bureau and the Office concerned, as the case may be.

Section 203: Communication by Telefacsimile

(a) Any communication, other than an international application containing a
reproduction to be published in color, may be addressed to the International Bureau by
telefacsimile, provided that where the communication must be presented on an official form,
the official form is used for the purposes of the telefacsimile communication.

(b) An international application addressed to the International Bureau by
telefacsimile shall not have effect unless, prior to the expiration of 20 days counted from the
date of receipt of such communication, the original of the international application bearing the
prescribed signature along with the reproductions and/or specimens concerned, have been
received by the International Bureau. When so confirmed, the said international application
shall have effect as of the date on which it was received by telefacsimile by the International
Bureau.

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(c) Where a communication is transmitted to the International Bureau by
telefacsimile, the Bureau shall promptly and by telefacsimile inform the sender of the receipt
of that communication, and where such telefacsimile communication received by the
International Bureau is incomplete or illegible, of that fact also, provided that the sender can
be identified and can be reached by telefacsimile.

(d) Where a communication is transmitted to the International Bureau by
telefacsimile and, because of the time difference between the place from where the
communication is transmitted and Geneva, the date on which the transmittal started is
different from the date of receipt by the International Bureau of the complete communication,
the earlier of the two dates shall be considered as the date of receipt by the International
Bureau.

Section 204: Electronic Communications

(a)
(i) Communications with the International Bureau, including the presentation of
the international application, may take place by electronic means at a time and in a manner
and format to be ascertained by the International Bureau, the particulars of which shall be
published in the Bulletin.


(ii) Notwithstanding subparagraph (i) above, and subject to paragraph (d) below,
electronic communications between an Office and the International Bureau may take place in
a way agreed upon between the International Bureau and the Office concerned.

(b)
The International Bureau shall promptly and by electronic transmission inform the
originator of an electronic transmission of the receipt of that transmission and, where the
electronic transmission received is incomplete or otherwise unusable, also of that fact,
provided that the originator can be identified and can be reached. Such an acknowledgement
shall contain the date of receipt in the case of an international application.

(c) Where a communication is transmitted to the International Bureau by electronic
means and, because of the time difference between the place from where the communication
is sent and Geneva, the date on which the sending started is different from the date of receipt
by the International Bureau of the complete communication, the earlier of the two dates shall
be considered as the date of receipt by the International Bureau.

(d) For the purpose of the communication by the International Bureau to Offices of
Contracting Parties of the date on which each issue of the Bulletin is published, as provided
for in Rule 26(3), each such Office shall indicate to the International Bureau the email address
to which the said communication shall be sent.


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Part Three
Requirements Concerning Names and Addresses

Section 301: Names and Addresses

(a)
In the case of a natural person, the name to be indicated is the family or principal
name and the given or secondary name(s) of the natural person.

(b) In the case of a legal entity, the name to be indicated is the full official
designation of the legal entity.

(c)
In the case of a name in characters other than Latin characters, the indication of
that name shall consist of a transliteration into Latin characters which shall follow the
phonetics of the language of the international application. In the case of a legal entity whose
name is in characters other than Latin characters, the said transliteration may be replaced by a
translation into the language of the international application.

(d) An address shall be given in such a way as to satisfy the customary requirements
for prompt postal delivery and shall consist, at least, of all the relevant administrative units up
to, and including, the house number, if any. In addition, telephone and telefacsimile numbers,
an e-mail address as well as a different address for correspondence, may be indicated.

Section 302: Address for Correspondence


Where there are two or more applicants or new owners with different addresses and no
representative is appointed, one address for correspondence shall be indicated. Where no
such address has been indicated, the address of the person named first shall be treated as the
address for correspondence.


Part Four
Reproduction of the Industrial Design; Disclaimer; Numbering

Section 401: Presentation of Reproductions

(a) One and the same international application may comprise both photographs and
other graphic representations, in black and white or in color.

(b) Each reproduction accompanying an international application shall be submitted
in a single copy.

(c)
The photographs or other graphic representations accompanying an international
application filed on paper shall be either pasted or printed directly onto a separate sheet of A4
paper which is white and opaque. The separate sheet of paper shall be used upright and shall
not contain more than 25 reproductions.

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(d)
The reproductions accompanying an international application must be arranged in
the orientation in which the applicant wishes them to be published. Where that application is
filed on paper, a margin of at least 5 millimeters should be left around the representation of
each industrial design.

(e) Each reproduction must fall within a right-angled quadrilateral containing no
other reproduction or part of another reproduction and no numbering. The photographs or
other graphic representations shall not be folded, stapled or marked in any way.

Section 402: Representation of the Industrial Design

(a) The photographs and other graphic representations shall represent the industrial
design alone, or the product in relation to which the industrial design is to be used, to the
exclusion of any other object, accessory, person or animal.

(b) The dimensions of the representation of each industrial design appearing in a
photograph or other graphic representation may not exceed 16 x 16 centimeters, and one of
those dimensions must be at least 3 centimeters. With respect to the filing of international
applications by electronic means, the International Bureau may establish a data format, the
particulars of which shall be published in the Bulletin, to ensure compliance with these
maximum and minimum dimensions.

(c)
The following shall not be accepted:


(i) technical drawings, particularly with axes and dimensions;


(ii) explanatory text or legends.

Section 403: Disclaimer


Matter which is shown in a reproduction but for which protection is not sought may be
indicated


(i) in the description referred to in Rule 7(5)(a) and/or


(ii) by means of dotted or broken lines.

Section 404: Requirements for Photographs and
Other Graphic Representations

(a)
The photographs supplied must be of professional standard and have all the edges
cut at right angles. The industrial design must be shown against a neutral plain background.
Photographs retouched with ink or correcting fluid shall not be allowed.

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(b) Graphic representations must be of professional standard produced with drawing
instruments or by electronic means and, where the application is filed on paper, must further
be produced on good quality white, opaque paper, all of whose edges are cut at right angles.
The industrial design represented may comprise shading and hatching to provide relief.
Graphic representations executed by electronic means may be shown against a background,
provided that it is neutral and plain and has only edges cut at right angles.

Section 405: Numbering of Reproductions

(a) The numbering stipulated for multiple international applications shall appear in
the margin of each photograph or other graphic representation. When the same industrial
design is represented from different angles, the numbering shall consist of two separate
figures separated by a dot (e.g., 1.1, 1.2, 1.3, etc. for the first design, 2.1, 2.2, 2.3, etc. for the
second design, and so on).

(b)
The reproductions shall be submitted in ascending numerical order.

Section 406: Requirements for Specimens

(a) A specimen in two dimensions which accompanies an international application
shall not exceed 26.2 centimeters x 17 centimeters in size (unfolded), 50 grams in weight
or 3 millimeters in thickness. Such specimens shall be pasted on sheets of A4 paper and
numbered in accordance with Section 405(b). The same number shall be assigned to each
reproduction corresponding to these specimens when submitted to the International Bureau.

(b) None of the dimensions of a package containing specimens shall exceed
30 centimeters and the weight of such package and its packing shall not exceed 4 kilograms.

(c) Perishable products or products which may be dangerous to store shall not be
accepted.


Part Five
Refusals

Section 501: Date of Sending of Notification of Refusal

In the case of a notification of refusal sent through a postal service, the date of dispatch
shall be determined by the postmark. If the postmark is illegible or missing, the International
Bureau shall treat such notification as if it had been sent 20 days before the date of its receipt
by the International Bureau. However, if the date of dispatch thus determined is earlier than
any date of refusal or date of sending mentioned in the notification, the International Bureau
shall treat such notification as if it had been sent on the latter date. In the case of a
notification of refusal sent through a delivery service, the date of dispatch shall be determined
by the indication given by such delivery service on the basis of the details of the mailing as
recorded by it.