<ПРАВИЛА К ГААГСКОМУ СОГЛАШЕНИЮ О МЕЖДУНАРОДНОМ ДЕПОНИРОВАНИИ ПРОМЫШЛЕННЫХ ОБРАЗЦОВ> [англ.](Вместе с <ПЕРЕЧНЕМ РАСХОДОВ>)
[translation]
REGULATIONS
UNDER THE HAGUE AGREEMENT CONCERNING
THE INTERNATIONAL
DEPOSIT OF INDUSTRIAL DESIGNS
Rule
1
Abbreviated Expressions
1.1 Abbreviated Expressions
For the
purposes of these Regulations:
(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
1934 Act and/or the 1960 Act;
(iv) "Hague Union" means the Union
established by the Hague Agreement Concerning the International Deposit of
Industrial Designs;
(v) "Contracting State" means any State bound by the
1934 Act but not by the 1960 Act, or by the 1934 Act and by the 1960 Act, or by
the 1960 Act but not by the 1934 Act;
(vi) "national" of any State
includes also any person who, without being a national of that State, is
resident or has a real and effective industrial or commercial establishment in
the territory of the said State;
(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) "national Office" means the
national Office of a Contracting State competent in matters concerning
industrial designs;
(ix) "regional Office" means the Office common to
several Contracting States referred to in Article 30 of the 1960 Act;
(x)
"International Register" means the International Register of Industrial
Designs;
(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) "international deposit governed exclusively
by the 1934 Act" means an international deposit in respect of which only the
1934 Act is applicable because either the depositor is a national of a State
bound by the 1934 Act but not by the 1960 Act, or the depositor, being a
national of a State bound by both the 1934 Act and the 1960 Act, has not
designated, under Rule 5.1(c)(i), a State bound by the 1960 Act;
(xiii)
"international deposit governed exclusively by the 1960 Act" means an
international deposit in respect of which only the 1960 Act is applicable
because either the depositor is a national of a State bound by the 1960 Act but
not by the 1934 Act, or the depositor, being a national of a State bound by the
1960 Act and the 1934 Act, has designated, under Rule 5.1(c)(i), one or more
States bound by the 1960 Act and has renounced the effects of the deposit in the
States bound by the 1934 Act;
(xiv) "international deposit governed
partly by the 1960 Act" means an international deposit in respect of which the
1960 Act and the 1934 Act are applicable because the depositor is a national of
a State bound by the 1960 Act and by the 1934 Act and has designated, under Rule
5.1(c)(i), one or more States bound by the 1960 Act without renouncing the
effects of the deposit in the States bound by the 1934 Act;
(xv)
"application" means the application for recording of an international deposit in
the International Register;
(xvi) "depositor" means the natural person or
the legal entity in whose name the application is filed;
(xvii) "owner"
means the natural person or the legal entity whose name is recorded in the
International Register as the owner of the international deposit;
(xviii)
"legal entity" includes also any association of natural persons or legal
entities which, under the national law of the State according to which it is
constituted, may acquire rights and assume obligations notwithstanding the fact
that it is not a legal entity;
(xix) "multiple deposit" means an
international deposit including several industrial designs;
(xx)
"International Classification" means the classification set up under the Locarno
Agreement Establishing an International Classification for Industrial
Designs;
(xxi) "Bulletin" means the periodical publication containing the
data relating to international deposits whatever the medium used for that
publication.
Rule 2
Representation Before the International
Bureau
2.1 Appointment of a Representative
(a) A representative shall
be regarded as a duly appointed representative if his appointment complies with
the prescriptions of paragraphs (b) to (h).
(b) The appointment of any
representative shall require:
(i) that his name appear as that of a
representative in the application and that such application bear the signature
of the depositor, or
(ii) that a separate power of attorney (i.e., a
document appointing the representative), signed by the depositor or the owner,
be filed with the International Bureau.
(c) The depositor and the owner
may appoint only one representative.
(d) Where several natural persons or
legal entities have been indicated as representatives, the natural person or
legal entity first mentioned in the document in which they are indicated shall
be regarded as the only duly appointed representative.
(e) Where a
partnership or firm composed of attorneys or patent or trademark agents has been
indicated as representative, it shall be regarded as one representative.
(f) (i) Where there are several depositors, they shall appoint a common
representative. In the absence of such appointment, the depositor first
mentioned in the application shall be considered the duly appointed common
representative of all the depositors.
(ii) Where there are several
owners, they shall appoint a common representative. In the absence of such
appointment, the natural person or legal entity first mentioned among the said
owners in the International Register shall be considered the duly appointed
common representative of all the owners.
(iii) Subparagraph (ii) shall
not apply to the extent that different persons or entities become owners in
respect of different Contracting States or different designs.
(iv) Where
there are several depositors or owners, the document containing or constituting
the appointment of their common representative shall be signed by all of
them.
(g) Any document containing or constituting the appointment of a
representative shall indicate his name and his address. Where the representative
is a natural person, his name shall be indicated by his family name and given
name(s), the family name being indicated before the given name(s). Where the
representative is a legal entity or a partnership or firm of attorneys or patent
or trademark agents, "name" shall mean the complete name of the legal entity or
partnership or firm. The address of the representative shall be indicated in the
same manner as that provided for in respect of the depositor in Rule
5.1(a)(iv).
(h) The document containing or constituting the appointment
shall contain no words which, contrary to Rule 2.2, would limit the powers of
the representative to certain matters or exclude certain matters from the powers
of the representative or limit such powers in time.
(i) [Deleted]
(j) Where the appointment does not comply with the requirements referred to in
paragraphs (b) to (h), it shall be treated by the International Bureau as if it
had not been made, and the depositor or the owner as well as the natural person,
the legal entity, the partnership or the firm which was indicated as the
representative shall be informed accordingly by the International Bureau.
(k) The Administrative Instructions shall provide recommended wording for the
appointment.
2.2 Effect of Appointment
Any invitation, notification
or other communication addressed by the International Bureau to the duly
appointed representative shall have the same effect as it would have had if it
had been addressed to the depositor or the owner. Any document requiring the
signature of the depositor or the owner in any procedure before the
International Bureau, except the document appointing the representative or
revoking his appointment, may be signed by the duly appointed representative of
the depositor or of the owner, and any communication from the duly appointed
representative to the International Bureau shall have the same effect as it
would have had if it had been effected by the depositor or the owner.
2.3
Revocation or Renunciation of Appointment
(a) The appointment of any
representative may be revoked at any time by the natural person who or legal
entity which has appointed that representative. For the purposes of the
International Bureau, the revocation shall be effective even if only one of the
natural persons who or legal entities which have appointed the representative
revokes the appointment, and it shall take effect as soon as the International
Bureau receives the document referred to in paragraph (b).
(b) Revocation
shall require a written document signed by the natural person or the legal
entity referred to in paragraph (a).
(c) The appointment of a
representative as provided in Rule 2.1 shall be regarded as the revocation of
any earlier appointment of any other representative. The name of the other
earlier appointed representative shall preferably be indicated.
(d) Any
representative may renounce his appointment by means of a notification signed by
him and addressed to the International Bureau.
2.4 General Powers of
Attorney
The appointment of a representative in a separate power of
attorney may be general in the sense that it relates to more than one
application or more than one international deposit in respect of the same
natural person or legal entity. The Administrative Instructions shall provide
for the identification of such applications and such international deposits, as
well as other details in respect of such general power of attorney and of its
revocation or renunciation. They may provide for a fee payable in connection
with the filing of general powers of attorney.
2.5 Substitute
Representative
(a) The appointment of the representative referred to in
Rule 2.1(b) may indicate also one or more natural persons as substitute
representatives.
(b) For the purposes of the second sentence of Rule 2.2,
substitute representatives shall be considered representatives.
(c) The
appointment of any substitute representative may be revoked at any time by the
natural person who or legal entity which has appointed the representative or by
the representative. Revocation shall require a written document signed by the
said natural person, legal entity or representative. It shall be effective, as
far as the International Bureau is concerned, as from the date of receipt of the
said document by that Bureau.
2.6 Recording, Notification and
Publication
Each appointment of a representative or of a substitute
representative, its revocation and its renunciation shall be recorded in the
International Register, shall be notified to the depositor or to the owner, and
shall be published.
Rule 3
The International Register
3.1 Contents
of the International Register; Keeping of the International Register
(a)
The International Register shall contain, in respect of each international
deposit:
(i) all the indications that must or may be furnished under the
Agreement or these Regulations, and that have in fact been furnished, to the
International Bureau, with the exception of those indications referred to in
Rule 5.1(a)(iv), second sentence, (vii), (b)(ii), (c)(ii) and (iii);
(ii)
the number and the date of the international deposit and the numbers, if any,
and the dates of all recordings relating to that deposit.
(b) In the case
of international deposits governed exclusively by the 1934 Act, the
International Register shall mention, where appropriate, in addition to the
indications referred to in paragraph (a), the date on which the sealed envelope
or packet was opened.
(c) In the case of international deposits which are
governed exclusively or partly by the 1960 Act, the International Register shall
contain, in addition to the indications referred to in paragraph (a), the
reproduction of photographs or other graphic representations filed.
(d)
The Administrative Instructions shall regulate the establishment of the
International Register, and, subject to the Agreement and these Regulations,
shall specify the form in which it shall be kept and the procedure which the
International Bureau shall follow for making recordings therein and for
preserving it from loss or other damage.
Rule 4
Depositor; Owner
4.1
The Same Depositor for All States
(a) The depositor shall be the same for
all States.
(b) Where the application, as filed, does not indicate the
same depositor for all States designated under Rules 5.1(c)(i), it shall be
treated as if only the State first mentioned therein, and any other State for
the purposes of which the same depositor is indicated as for the said
first-mentioned State, had been designated.
4.2 Several Owners
Several natural persons or legal entities may be owners of one and the same
international deposit provided they are all nationals of Contracting
States.
Rule 5
Mandatory Contents of the Application
5.1 Mandatory
Contents of the Application
(a) Any application shall contain:
(i)
an indication to the effect that it is filed under the Agreement;
(ii) an
indication of the depositor"s name; if the depositor is a natural person, his
name shall be indicated by his family name and given name(s), the family name
being indicated before the given name(s); if the depositor is a legal entity,
its name shall be indicated by the full, official designation of the said
entity;
(iii) an indication of the State of which the depositor has the
nationality, the State of which he is a resident and the State where he has a
real and effective industrial or commercial establishment; where the depositor
has a real and effective industrial or commercial establishment in more than one
of the States party to the Agreement, only one such State may be indicated in
the application;
(iv) the depositor"s address, indicated in such a way as
to satisfy the customary requirements for prompt postal delivery at the
indicated address and consisting, in any case, of all the relevant
administrative units up to, and including, the house number, if any. Any
telephone or telefacsimile numbers that the applicant may have should preferably
also be indicated. For each depositor, only one address shall be indicated; if
several
