欢迎访问知识产权学术与实务研究网! [请登录], 新用户?[免费注册] 设为首页|添加收藏|联系我们|网站地图|English
当前位置:知识产权学术与实务研究网 > english > IP Conventions > Copyright >  文章

Regulations under the Treaty on the International Registration of Audiovisual Wo

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).

共4页: 上一页 1 2 3 4 下一页
相关文章
WIPO Copyright Treaty
Agreed Statements concerning the WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty (WPPT)
Convention for the Protection of Producers of Phonograms Against Unauthorized Du
International Convention for the Protection of Performers, Producers of Phonogra
网站创始人
个人简介:(学术)
中国政法大学教授、博士生导师
知识产权法研究所所长、无形资产管理研究中心主任
北京大学法学博士
中国人民大学法学博士后
邮箱:fengxiaoqingipr@sina.com
北京市海淀区西土城路25号中国政法大学知识产权法研究所
个人简介:(实务)
最高法院案例指导工作专家委员会委员
最高法院知识产权司法保护研究中心首届研究员
中欧仲裁中心仲裁员
深圳、南京仲裁委员会仲裁员
北京天驰君泰律师事务所律师
中国律协知识产权专业委员会委员
中国审判研究会知识产权审判理论专业委员会委员
热点文章排行
联系我们更多>>
通讯处:(Zip:100088)
点击进入免费咨询>>

All rights reserved  备ICP证号:京ICP备12039890号 公安备案号:京公网安备:11011402010413号

技术支持:律师营销网  您是网站第位访客