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The Hague Agreement Concerning the International Deposit of Industrial Designs o

来源:知识产权学术与实务研究网  作者:  时间:2008-06-11  阅读数:


(2)
 An international deposit shall have no effect in the State of origin if the laws of that State so provide. 
 
 
Article 8
 
 
 
(1)
 Notwithstanding the provisions of Article 7, the national Office of a contracting State whose domestic law provides that the national Office may, on the basis of an administrative ex officio examination or pursuant to an opposition by a third party, refuse protection shall, in case of refusal, notify the International Bureau within six months that the design does not meet the requirements of its domestic law other than the formalities and administrative acts referred to in Article 7(1). If no such refusal is notified within a period of six months the international deposit shall become effective in that State as from the date of that deposit. However, in a contracting State having a novelty examination, the international deposit, while retaining its priority, shall, if no refusal is notified within a period of six months, become effective from the expiration of the said period unless the domestic law provides for an earlier date for deposits made with its national Office. 
 
(2)
 The period of six months referred to in paragraph (1) shall be computed from the date on which the national Office receives the issue of the periodical bulletin in which the registration of the international deposit has been published. The national Office shall communicate that date to any person so requesting. 
 
(3)
 The applicant shall have the same remedies against the refusal of the national Office referred to in paragraph (1) as if he had deposited his design in that Office; in any case, the refusal shall be subject to a request for re-examination or appeal. Notification of such refusal shall indicate: 
 
 
 1.
 the reasons for which it has been found that the design does not meet the requirements of the domestic law; 
 
 
 2.
 the date referred to in paragraph (2); 
 
 
 3.
 the time allowed for a request for re-examination or appeal; 
 
 
 4.
 the authority to which such request or appeal may be addressed. 
 
 
(4) 
 (a)
 The national Office of a contracting State whose domestic law contains provisions of the kind referred to in paragraph (1) requiring a declaration as to who is the true creator of the design or a description of the design may provide that, upon request and within a period of not less than sixty days from the dispatch of such a request by the said Office, the applicant shall file in the language of the application filed with the International Bureau: 
 
 
 1.
 a declaration as to who is the true creator of the design; 
 
 
 2.
 a short description emphasizing the essential characteristic features of the design as shown by the photographs or other graphic representations. 
 
 
 (b)
 No fees shall be charged by a national Office in connection with the filing of such declarations or descriptions, or for their possible publication by that national Office. 
 
 
(5) 
 (a)
 Any contracting State whose domestic law contains provisions of the kind referred to in paragraph (1) shall notify the International Bureau accordingly. 
 
 
 (b)
 If, under its legislation, a contracting State has several systems for the protection of designs one of which provides for novelty examination, the provisions of this Agreement concerning States having a novelty examination shall apply only to the said system.

Article 9
 
 
If the international deposit of a design is made within six months of the first deposit of the same design in a State member of the International Union for the Protection of Industrial Property, and if priority is claimed for the international deposit, the priority date shall be that of the first deposit.
 
 
 
Article 10
 
 
 
(1)
 An international deposit may be renewed every five years by payment only, during the last year of each period of five years, of the renewal fees prescribed by the Regulations. 
 
(2)
 Subject to the payment of a surcharge fixed by the Regulations, a period of grace of six months shall be granted for renewal of the international deposit. 
 
(3)
 At the time of paying the renewal fees, the international deposit number must be indicated and also, if renewal is not to be effected for all the contracting States for which the deposit is about to expire, those of the contracting States for which the renewal is to be effected. 

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