来源:知识产权学术与实务研究网 作者: 时间:2008-06-11 阅读数:
(i) where the applicant is also the holder of the existing registration, send him a notification asking him whether he wishes to either modify the statement contained in the application or apply for the modification of the statement that is subject matter of the existing registration,
(ii) where the applicant and the holder of the existing registration are not the same, send a notification to the applicant asking him whether he wishes to modify the statement contained in the application and, at the same time, send a notification to the holder of the existing registration asking the said holder whether–in case the applicant does not wish to modify the statement appearing in the application–he wishes to apply for the modification of the statement in the existing registration.
The registration of the application shall be suspended until a modification is submitted that, in the opinion of the International Registry, removes the contradiction, but for no longer than 60 days from the date of the said notification or notifications, unless the applicant asks for a longer period, in which case it will be suspended until the expiration of that longer period.
(b) The fact that the International Registry failed to notice the contradictory nature of a statement shall not be considered as removing that nature of the statement.
(3) [Rejection]
(a) In the following cases, the International Registry shall, subject to paragraphs (1) and (2), reject the application:
(i) where the application does not contain a statement which, on the face of it, shows that the requirements of Article 3(5) of the Treaty are met;
(ii) where, in the opinion of the International Registry, the application does not relate to a work, whether existing or future;
(iii) where the application does not meet any of the requirements of Rule 2(2), (3), (4), (5), (7)(a) and (b), (8), (10), (11) and
(13).(b) The International Registry may reject the application where the application does not fulfill the prescribed conditions as to its form.
(c) No application shall be rejected for any reason other than those referred to in subparagraphs (a) and (b).
(d) Any decision of rejection under this paragraph shall be communicated in writing by the International Registry to the applicant. The applicant may, within 30 days from the date of the communication, request in writing the International Registry to reconsider its decision. The International Registry shall reply to the request within 30 days from the date of receipt of the said request.
(4) [Notice in the International Register of Receipt of the Application] If, for any reason, the International Registry, within three working days from the receipt of the application, does not register the application, it shall enter into the data base of the International Registry, open for consultation to the public, the essential elements of the application, and an indication of the reason for which no registration has taken place and, if the reason is related to paragraphs (1), (2)(a) or (3)(d), an indication of the measures taken under any of those provisions. If and when the registration is effected, the said entry in the data base shall be erased.
Rule 4
Date and Number of the Registration
(1) [Date] The International Registry shall allot, subject to Rule 2(13), as the filing date, to each application, the date of receipt of the application. Where the application is registered, it shall be given, as registration date, the filing date.
(2) [Number] The International Registry shall allot a number to each application. If the application refers to a work whose title appears in an existing work–related registration, or which is described in an existing person–related registration, the number allotted shall also contain the number of that registration. Any registration number shall consist of the application number.
Rule 5
Registration
(1) [Registration] Where an application is not rejected, all the statements contained therein shall, as prescribed, be registered in the International Register.
(2) [Notification and Publication of the Registration] Any registration effected shall, as prescribed, be notified to the applicant and published in the Gazette referred to in Rule 6.
Rule 6
The Gazette
(1) [Publication] The International Registry shall publish a gazette (“the Gazette”) in which it shall indicate the prescribed elements in respect of all registrations. The Gazette shall be in English, provided that elements concerning applications that were filed in French shall also be in French.
(2) [Sale] The International Registry shall offer, against payment, both yearly subscriptions to the Gazette and single copies of the Gazette. The amount of the prices shall be fixed in the same manner as the amount of the fees is fixed according to Rule 8(1).