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Rule 3 Akte van Genève bij de Overeenkomst van 's-Gravenhage betreffende de internationale inschrijving van tekeningen of modellen van nijverheid

GENERAL PROVISIONS

1 [Representative; Number Representatives]

a) The applicant or the holder may have a representative before the International Bureau.

b) Only one representative may be appointed in respect of a given international application or international registration. Where the appointment indicates several representatives, only the one indicated first shall be considered to be a representative and be recorded as such.

c) Where a partnership or firm composed of attorneys or patent or trademark agents has been indicated as representative to the International Bureau, it shall be regarded as one representative.

2 [Appointment of the Representative]

a) The appointment of a representative may be made in the international application. The naming of the representative in the international application at the time of filing shall constitute an appointment by the applicant of such representative.

b) The appointment of a representative may also be made in a separate communication which may relate to one or more specified international applications or international registrations of the same applicant or holder. The said communication shall be signed by the applicant or the holder.

c) The communication to appoint a representative shall contain the name and address, given in accordance with the Administrative Instructions, and email address of the representative. Where the International Bureau considers that the appointment of a representative is irregular, it shall notify accordingly the applicant or holder and the purported representative.

3 [Recording and Notification of Appointment of a Representative; Effective Date of Appointment]

a) Where the International Bureau finds that the appointment of a representative complies with the applicable requirements, it shall record the fact that the applicant or holder has a representative, as well as the name, address and email address of the representative, in the International Register. In such a case, the effective date of the appointment shall be the date on which the International Bureau received the international application or separate communication in which the representative is appointed.

b) The International Bureau shall notify the recording referred to in subparagraph (a) to both the applicant or holder and the representative.

4 [Effect of Appointment of a Representative]

(a) The signature of a representative recorded under paragraph (3)(a) shall replace the signature of the applicant or holder.

(b) Except where these Regulations expressly require that a communication be addressed to both the applicant or holder and the representative, the International Bureau shall address to the representative recorded under paragraph (3)(a) any communication which, in the absence of a representative, would have to be sent to the applicant or holder; any communication so addressed to the said representative shall have the same effect as if it had been addressed to the applicant or holder.

(c) Any communication addressed to the International Bureau by the representative recorded under paragraph (3)(a) shall have the same effect as if it had been addressed to the said Bureau by the applicant or holder.

5 [Cancellation of Recording; Effective Date of Cancellation]

a) Any recording under paragraph (3)(a) shall be canceled where cancellation is requested in a communication signed by the applicant, holder or representative. The recording shall be canceled ex officio by the International Bureau where a new representative is appointed or where a change in ownership is recorded and no representative is appointed by the new holder of the international registration.

b) The cancellation shall be effective from the date on which the International Bureau receives the corresponding communication.

c) The International Bureau shall notify the cancellation and its effective date to the representative whose recording has been canceled and to the applicant or holder.

Regeling
Akte van Genève bij de Overeenkomst van 's-Gravenhage betreffende de internationale inschrijving van tekeningen of modellen van nijverheid
Soort
Verdrag
Geldend vanaf
01-01-2024
BWB-id
BWBV0006367
Versie
2024-01-01_0

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