<АДМИНИСТРАТИВНЫЕ ИНСТРУКЦИИ К ГААГСКОМУ СОГЛАШЕНИЮ О МЕЖДУНАРОДНОМ ДЕПОНИРОВАНИИ ПРОМЫШЛЕННЫХ ОБРАЗЦОВ> [англ.](Вместе с <ГОСУДАРСТВАМИ-УЧАСТНИКАМИ СОГЛАШЕНИЯ НА 1 ЯНВАРЯ 1998>)
[translation]
ADMINISTRATIVE INSTRUCTIONS
FOR THE APPLICATION OF
THE HAGUE
AGREEMENT CONCERNING THE INTERNATIONAL
DEPOSIT OF
INDUSTRIAL DESIGNS
Part One. GENERAL MATTERS
Section 101
Abbreviated
Expressions
For the purposes of these Administrative Instructions:
(i) "1934 Act" means the Act signed at London on June 2, 1934, of the Hague
Agreement Concerning the International Deposit of Industrial Designs;
(ii) "1960 Act" means the Act signed at The Hague on November 28, 1960, of the
Hague Agreement Concerning the International Deposit of Industrial Designs;
(iii) "Agreement" means the Hague Agreement Concerning the International
Deposit of Industrial Designs signed at The Hague in 1925 and revised at London
in 1934, and the same Agreement as revised at The Hague in 1960;
(iv)
"Regulations" means the Regulations under the Agreement of October 1, 1985;
(v) "Article" means an Article of the Agreement;
(vi) "Rule" means a
Rule of the Regulations;
(vii) "International Bureau" means the
International Bureau of the World Intellectual Property Organization and, as
long as it subsists, the United International Bureaux for the Protection of
Intellectual Property (BIRPI);
(viii) "Director General" means the
Director General of the World Intellectual Property Organization;
(ix)
"International Register" means the International Register of Industrial
Designs;
(x) "application" means the application for the international
deposit of an industrial design;
(xi) "international deposit" means the
deposit of one or more industrial designs for which recording in the
International Register has been requested or effected;
(xii) "Bulletin"
means the periodical publication containing the data relating to international
deposits, whatever the medium used for that publication;
(xiii)
"national" of a State means any person who has the nationality of that State or
has his domicile or has a real and effective industrial or commercial
establishment on the territory of that State.
[Rules 8.1(a), 17.1,
23.2, 24.2(c)
and 31.1(c)]
Section 102
Use of the
Forms
(a) The forms reproduced in Annex B of these Administrative
Instructions (Forms DM/1(a), DM/1(b), DM/3, DM/4(a) DM/4(b) and DM/25) are part
of the Administrative Instructions.
(b) The application shall be made on
Form DM/1(a) if the depositor is a national of a State bound by the 1960 Act and
on Form DM/1(b) if the depositor is a national of a State bound exclusively by
the 1934 Act and not by the 1960 Act.
(c) The unofficial notice of
expiration referred to in Rule 23.1 and the reminder referred to in Rule 24.1
shall be established on Forms DM/4(a) and DM/4(b), respectively.
(d) The
use is recommended of Form DM/3 for notifications of refusal of protection, the
reverse side of Form DM/4(b) for the demand for prolongation referred to in Rule
23.2, and the reverse side of Form DM/4(a) for the provision of the indications
referred to in Rule 24.2(c) that have to accompany the payment of the renewal
fees.
(e) The request for recording a change in ownership referred to in
Rule 19.1 shall be made on form DM/25.
[Rule 26.1]
Section
103
Office Hours of the International Bureau
For the purpose of
receiving the documents referred to in Rule 26.1, the office hours of the
International Bureau in Geneva, Switzerland, shall be from 8.30 a.m. to 11.30
a.m. and from 1.30 p.m. to 4 p.m.
[Rule 27.4]
Section
104
Non-Working Days
For the purposes of Rule 27.4, the International
Bureau is not open for business on the following days:
(i) each Saturday
and Sunday;
(ii) the first day of January, called "New Year"s Day"; the
second day of January; the Friday before Easter, called "Good Friday"; the
Monday after Easter, called "Easter Monday"; the thirty-ninth day after Easter,
called "Ascension Day"; the eleventh day after Ascension Day, called "Whit
Monday"; the Thursday after the first Sunday of September, called "Jeune
genevois"; the twenty-fifth day of December, called "Christmas Day"; the
twenty-sixth day of December; and
(iii) any other day which the Director
General may, according to circumstances, designate as a non-working day,
provided that a notification concerning such designation is published in the
Bulletin with a minimum of delay.
Section 105
Signature
Requirement
(a) Where, under the Regulations or these Administrative
Instructions, a document submitted to the International Bureau must be signed by
a natural person or legal entity, and where there is a material defect or
omission affecting that document, any document submitted later containing a
correction of that defect or omission must be signed by the same natural person
or legal entity, or by their successor in title, or by the representative of
that person, entity or successor in title.
(b) Where it is not necessary
to sign the document indicating the correction to be made, the International
Bureau shall mention the fact in the invitation to correct or other
communication by which the defect or omission is notified.
Section
106
Means of Communicating with the International Bureau
(a) All
communications addressed to the International Bureau must be in writing. Any
action of the International Bureau shall be based exclusively on the written
record at that Bureau.
(b) The transmittal of data to the International
Bureau by telegraph, teleprinter or other electronic means shall be considered
equivalent to a communication of such data in writing, provided that:
(i)
the data, when received by the International Bureau, are in an easily legible
form and in English or French; and that
(ii) where the data so
transmitted are required to be presented on a form, all of the relevant headings
and reference numbers on such form are also transmitted.
(c) Where, under
the Regulations or these Administrative Instructions, a document is required to
be signed by any natural person or legal entity, transmittal of the prescribed
data by one of the means referred to in paragraph (b) shall not be effective
unless, prior to the expiration of twenty (20) days counted from the date of
receipt of such transmittal, a document in writing confirming the original
communication, and bearing the prescribed signature, has been received by the
International Bureau. When so confirmed, the original communication shall be
effective as of the date on which it was received by the International
Bureau.
Section 107
Non-Prescribed or Non-Authorized Documents
Any
document other than those prescribed or authorized by the Agreement, the
Regulations or these Administrative Instructions shall be treated by the
International Bureau as if it had not been received and the said Bureau shall
dispose of the document.
Section 108
Dates <*>
Any date used
in the correspondence of the International Bureau or of the national Offices
relating to applications, requests, demands or deposits shall be indicated by
the Arabic number of the day, the name of the month and the Arabic number of the
year. Where the depositor or the owner has not done so, the International Bureau
shall, after or below any date indicated in the application, request, demand or
other document, repeat the date in brackets, using two-digit Arabic numerals for
the number of the day, for the number of the month and for the last two numbers
of the year, in that order and with a period after the digit pairs of the day
and of the month (for example, "30 March 1978 (30.03.78)").
--------------------------------
<*> This system of indication of
dates is in conformity with WIPO standards and the Administrative Instructions
under the Patent Cooperation Treaty (Section 110).
Section 109
Layout of
Numerals
Where the numeral "7" is indicated in any document in handwriting,
it shall be presented thus: "7".
Section 110
Names of States
The
name of any State referred to in any application, request, demand or other
document under the Agreement, the Regulations or these Administrative
Instructions shall be indicated either by its full official title or by the
short title which appears in the list in Annex A of these Administrative
Instructions.
[Rule 30.2]
Section 111
Delegation of the Power of
Signature of Documents
in the Name of the Director General
The
Director General shall establish at least once each year a list of the officers
of the International Bureau authorized to sign in the Director General"s name
the documents issued pursuant to the Agreement. A copy of that list shall be
furnished, on request, to any interested person.
Part Two. REPRESENTATION
BEFORE THE INTERNATIONAL BUREAU
Section 201
Selection of
Representative
The International Bureau shall not recommend, or otherwise
aid in the selection of, a representative.
[Rule 2.1(d)]
Section
202
Appointment of One Representative
Subject to Rule 2.1(c), where the
International Bureau receives an application or other document in which more
than one natural person or legal entity is indicated as representative, it shall
cancel all such indications except that of the first-mentioned natural person or
legal entity. The International Bureau shall notify the depositor or the owner
accordingly, indicating in such notification the name of the natural person or
legal entity that shall be regarded by it as the duly appointed
representative.
Section 203
Correspondence Where There is a
Representative
(a) Where the depositor or the owner of an international
deposit has appointed a representative pursuant to the provisions of the
Regulations, all correspondence from the International Bureau to such depositor
or such owner shall be addressed only to that representative.
(b)
Notwithstanding paragraphs (a) and (c), the notification referred to in Section
202 shall be addressed only to the depositor or the owner.
(c)
Notwithstanding paragraphs (a) and (b), correspondence shall be addressed to the
depositor or the owner and to the representative in the following cases:
(i) notification of a defective revocation of appointment referred to in Section
204(c);
(ii) any communication sent by the International Bureau during
the one-month period referred to in Section 205(a);
(d) where an
unofficial notice of expiration (Rule 23.1) or a reminder (Rule 24.1), which has
been sent to the appointed representative, is returned to the International
Bureau with a note that it was not deliverable to the addressee, the notice or
reminder shall be sent to the owner.
[Rule 2.3(a), (b) and (c)]
Section 204
Revocation of Appointment
(a) Where, in accordance with Rule
2.3(c), the appointment of a new representative entails the revocation of an
earlier appointment of another representative, such revocation shall have effect
only in respect of the application or international deposit to which the
appointment of the new representative relates, provided that the appointment of
a representative in a general power of attorney in accordance with Rule 2.4
entails the revocation of those of the earlier appointments which relate to
applications or international deposits specified in accordance with Section
208(a)(ii).
(b) The fact that the International Bureau has received a
document entailing the revocation of an appointment of a representative shall be
notified to the natural person or legal entity whose appointment has been
revoked.
(c) Where the revocation of an appointment does not conform to
the requirements of Rule 2.3(a) or (b), it shall be treated as if it had not
been made, and the depositor or the owner shall be informed accordingly by the
International Bureau.
[Rule 2.3(d)]
Section 205
Renunciation of
Appointment
(a) Any renunciation of the appointment of a representative
under Rule 2.3(d) shall, in so far as it concerns the International Bureau, be
effective one month after the date on which the corresponding notification was
received by that Bureau.
(b) The fact that the International Bureau has
received a notification of renunciation shall be notified to the renouncing
representative and to the depositor or the owner concerned.
(c) Where the
renunciation of an appointment does not conform to the requirements of Rule
2.3(d), it shall be treated as if it had not been made, and the renouncing
representative shall be informed accordingly by the International
Bureau.
Section 206
Form of Revocation or Renunciation of
Appointment
(a) The use of the following terms is recommended for revocation
of an appointment:
"The undersigned (indicate the name(s) and address(es)
of the depositor(s) or the owner(s)),
having, on (indicate the date on
which the representative was appointed), appointed (indicate the name and
address of the representative),
as his (their) representative, to act in
his (their) name in matters concerning (use whichever of the following texts is
appropriate):
- the application(s) for the international deposit of (an)
industrial design(s) in respect of (give a summary description of the article or
articles deposited),
- the international deposit(s) of (an) industrial
design(s) No(s)....,
- any future application for the international
deposit of (an) industrial design(s) and any future international deposit of
(an) industrial design(s),
hereby revoke(s) the said appointment (date
and signature(s) of the depositor(s) or the owner(s))."
(b) The use of
the following terms is recommended for renunciation of an appointment:
"The undersigned (indicate the name and address of the representative),
having, on (indicate the date on which the appointment took place), been
appointed representative to act in the name of (indicate the name(s) and
address(es) of the person(s) having appointed the representative) before the
International Bureau in matters concerning (use whichever of the following texts
is appropriate):
- the application(s) for the international deposit of
(an) industrial design(s) in respect of (give a summary description of the
article or articles deposited),
- the international deposit(s) of (an)
industrial design(s) No(s)....,
- any future application for the
international deposit of (an) industrial design(s) and any future international
deposit of (an) industrial design(s),
hereby announces the said
appointment (date and signature of the representative)."
[Rule 2.1(k) and
4]
Section 207
Appointment of a Representative in
a Separate
Power
