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:
(4)
Renewal may be limited to some only of the designs included in a multiple deposit.
(5)
The International Bureau shall record and publish renewals.
Article 11
(1)
(a)
The term of protection granted by a contracting State to designs which have been the subject of an international deposit shall not be less than:
1.
ten years from the date of the international deposit if the deposit has been renewed;
2.
five years from the date of the international deposit in the absence of renewal.
(b)
However, if, under the provisions of the domestic law of a contracting State having a novelty examination, protection commences at a date later than that of the international deposit, the minimum terms provided for in subparagraph (a) shall be computed from the date at which protection commences in that State. The fact that the international deposit is not renewed or is renewed only once shall in no way affect the minimum terms of protection thus defined.
(2)
If the domestic law of a contracting State provides, in respect of designs which have been the subject of a national deposit, for protection whose duration, with or without renewal, is longer than ten years, protection of the same duration shall, on the basis of the international deposit and its renewals, be granted in that State to designs which have been the subject of an international deposit.
(3)
A contracting State may, under its domestic law, limit the term of protection of designs which have been the subject of an international deposit to the terms provided for in paragraph (1).
(4)
Subject to the provisions of paragraph (1)(b), protection in a contracting State shall terminate at the date of expiration of the international deposit, unless the domestic law of that State provides that protection shall continue after the date of expiration of the international deposit.
Article 12
(1)
The International Bureau shall record and publish changes affecting ownership of a design which is the subject of an international deposit in force. It is understood that transfer of ownership may be limited to the rights arising from the international deposit in one or a few only of the contracting States and, in the case of a multiple deposit, to some only of the designs included therein.
(2)
The recording referred to in paragraph (1) shall have the same effect as if it had been made in the national Offices of the contracting States.
Article 13
(1)
The owner of an international deposit may, by means of a declaration addressed to the International Bureau, renounce his rights in respect of all or some only of the contracting States and, in the case of a multiple deposit, in respect of some only of the designs included therein.
(2)
The International Bureau shall record and publish such declaration.
Article 14
(1)
No contracting State may, as a condition of recognition of the right to protection, require that the article incorporating the design bear a sign or notice concerning the deposit of the design.
(2)
If the domestic law of a contracting State provides for a notice on the article for any other purpose, such State shall regard such requirement as satisfied if all the articles offered to the public with the authorization of the owner of the rights in the design, or the tags attached to such articles, bear the international design notice.
(3)
The international design notice shall consist of the symbol (D) (a capital D in a circle) accompanied by:
1.
the year of the international deposit and the name, or the usual abbreviation of the name, of the depositor, or
2.
the number of the international deposit.
(4)
The mere appearance of the international design notice on the article or the tags shall in no case be interpreted as implying a waiver of protection by virtue of copyright or on any other grounds, whenever, in the absence of such notice, such protection may be claimed.
Article 15
(1)
The fees prescribed by the Regulations shall consist of:
1.
fees for the International Bureau;
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