雨が上がった後の星の見える夜に
迫り来る弁理士試験に向けて軽く調べごとをするブログ
×
[PR]上記の広告は3ヶ月以上新規記事投稿のないブログに表示されています。新しい記事を書く事で広告が消えます。
第8条 原則
(1) 加盟国は，国内法令の制定又は改正に当たり，公衆の健康及び栄養を保護し並びに社会経済的及び技術的発展に極めて重要な分野における公共の利益を促進するために必要な措置を，これらの措置がこの協定に適合する限りにおいて，とることができる。
(2) 加盟国は，権利者による知的所有権の濫用の防止又は貿易を不当に制限し若しくは技術の国際的移転に悪影響を及ぼす慣行の利用の防止のために必要とされる適当な措置を，これらの措置がこの協定に適合する限りにおいて，とることができる。
(1) 加盟国は，国内法令の制定又は改正に当たり，公衆の健康及び栄養を保護し並びに社会経済的及び技術的発展に極めて重要な分野における公共の利益を促進するために必要な措置を，これらの措置がこの協定に適合する限りにおいて，とることができる。
(2) 加盟国は，権利者による知的所有権の濫用の防止又は貿易を不当に制限し若しくは技術の国際的移転に悪影響を及ぼす慣行の利用の防止のために必要とされる適当な措置を，これらの措置がこの協定に適合する限りにおいて，とることができる。
PR
第5条 保護の取得又は維持に関する多数国間協定
第3条及び第4条の規定に基づく義務は，知的所有権の取得又は維持に関してWIPOの主催の下で締結された多数国間協定に規定する手続については，適用しない。
第3条及び第4条の規定に基づく義務は，知的所有権の取得又は維持に関してWIPOの主催の下で締結された多数国間協定に規定する手続については，適用しない。
Chapter 1
General Provisions
Rule 1
Abbreviated Expressions
For the purposes of these Regulations,
(i) “Agreement” means the Madrid Agreement Concerning the International Registration of Marks of April 14, 1891, as revised at Stockholm on July 14, 1967, and amended on September 28, 1979;
(ii) “Protocol” means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989;
(iii) “Contracting Party” means any country party to the Agreement or any State or intergovernmental organization party to the Protocol;
(iv) “Contracting State” means a Contracting Party that is a State;
(v) “Contracting Organization” means a Contracting Party that is an intergovernmental organization;
(vi) “international registration” means the registration of a mark effected under the Agreement or the Protocol or both, as the case may be;
(vii) “international application” means an application for international registration filed under the Agreement or the Protocol or both, as the case may be;
(viii) “international application governed exclusively by the Agreement” means an international application whose Office of origin is the Office
*
of a State bound by the Agreement but not by the Protocol, or
*
of a State bound by both the Agreement and the Protocol where all the States designated in the international application are bound by the Agreement (whether or not those States are also bound by the Protocol);
(ix) “international application governed exclusively by the Protocol” means an international application whose Office of origin is the Office
* of a State bound by the Protocol but not by the Agreement, or
* of a Contracting Organization, or
* of a State bound by both the Agreement and the Protocol where the international application does not contain the designation of any State bound by the Agreement;
(x) “international application governed by both the Agreement and the Protocol” means an international application whose Office of origin is the Office of a State bound by both the Agreement and the Protocol and which is based on a registration and contains the designations
* of at least one State bound by the Agreement (whether or not that State is also bound by the Protocol), and
* of at least one State bound by the Protocol but not by the Agreement or of at least one Contracting Organization;
(xi) “applicant” means the natural person or legal entity in whose name the international application is filed;
(xii) “legal entity” means a corporation, association or other group or organization which, under the law applicable to it, is capable of acquiring rights, assuming obligations and suing or being sued in a court of law;
(xiii) “basic application” means the application for the registration of a mark that has been filed with the Office of a Contracting Party and that constitutes the basis for the international application for the registration of that mark;
(xiv) “basic registration” means the registration of a mark that has been effected by the Office of a Contracting Party and that constitutes the basis for the international application for the registration of that mark;
(xv) “designation” means the request for extension of protection (“territorial extension”) under Article 3ter(1) or (2) of the Agreement or under Article 3ter(1) or (2) of the Protocol, as the case may be; it also means such extension as recorded in the International Register;
(xvi) “designated Contracting Party” means a Contracting Party for which the extension of protection (“territorial extension”) has been requested under Article 3ter(1) or (2) of the Agreement or under Article 3ter(1) or (2) of the Protocol, as the case may be, or in respect of which such extension has been recorded in the International Register;
(xvii) “Contracting Party designated under the Agreement” means a designated Contracting Party for which the extension of protection (“territorial extension”) requested under Article 3ter(1) or (2) of the Agreement has been recorded in the International Register;
(xviibis) “Contracting Party whose designation is governed by the Agreement” means a Contracting Party designated under the Agreement or, where a change of ownership has been recorded and the Contracting Party of the holder is bound by the Agreement, a designated Contracting Party which is bound by the Agreement;
(xviii) “Contracting Party designated under the Protocol” means a designated Contracting Party for which the extension of protection (“territorial extension”) requested under Article 3ter(1) or (2) of the Protocol has been recorded in the International Register;
(xix) “notification of provisional refusal” means a declaration by the Office of a designated Contracting Party, in accordance with Article 5(1) of the Agreement or Article 5(1) of the Protocol;
(xixbis) “invalidation” means a decision by the competent authority (whether administrative or judicial) of a designated Contracting Party revoking or cancelling the effects, in the territory of that Contracting Party, of an international registration with regard to all or some of the goods or services covered by the designation of the said Contracting Party;
(xx) “Gazette” means the periodical gazette referred to in Rule 32;
(xxi) “holder” means the natural person or legal entity in whose name the international registration is recorded in the International Register;
(xxii) “International Classification of Figurative Elements” means the Classification established by the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks of June 12, 1973;
(xxiii) “International Classification of Goods and Services” means the Classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15, 1957, as revised at Stockholm on July 14, 1967, and at Geneva on May 13, 1977;
(xxiv) “International Register” means the official collection of data concerning international registrations maintained by the International Bureau, which data the Agreement, the Protocol or the Regulations require or permit to be recorded, irrespective of the medium in which such data are stored;
(xxv) “Office” means the Office of a Contracting Party in charge of the registration of marks, or the common Office referred to in Article 9quater of the Agreement or Article 9quater of the Protocol, or both, as the case may be;
(xxvi) “Office of origin” means the Office of the country of origin defined in Article 1(3) of the Agreement or the Office of origin defined in Article 2(2) of the Protocol, or both, as the case may be;
(xxvibis) “Contracting Party of the holder” means
* the Contracting Party whose Office is the Office of origin, or
* where a change of ownership has been recorded, the Contracting Party, or one of the Contracting Parties, in respect of which the holder fulfills the conditions, under Articles 1(2) and 2 of the Agreement or under Article 2 of the Protocol, to be the holder of an international registration;
(xxvii) “official form” means a form established by the International Bureau or any form having the same contents and format;
(xxviii) “prescribed fee” means the applicable fee set out in the Schedule of Fees;
(xxix) “Director General” means the Director General of the World Intellectual Property Organization;
(xxx) “International Bureau” means the International Bureau of the World Intellectual Property Organization.
(xxxi) “Administrative Instructions” means the Administrative Instructions referred to in Rule 41.
General Provisions
Rule 1
Abbreviated Expressions
For the purposes of these Regulations,
(i) “Agreement” means the Madrid Agreement Concerning the International Registration of Marks of April 14, 1891, as revised at Stockholm on July 14, 1967, and amended on September 28, 1979;
(ii) “Protocol” means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989;
(iii) “Contracting Party” means any country party to the Agreement or any State or intergovernmental organization party to the Protocol;
(iv) “Contracting State” means a Contracting Party that is a State;
(v) “Contracting Organization” means a Contracting Party that is an intergovernmental organization;
(vi) “international registration” means the registration of a mark effected under the Agreement or the Protocol or both, as the case may be;
(vii) “international application” means an application for international registration filed under the Agreement or the Protocol or both, as the case may be;
(viii) “international application governed exclusively by the Agreement” means an international application whose Office of origin is the Office
*
of a State bound by the Agreement but not by the Protocol, or
*
of a State bound by both the Agreement and the Protocol where all the States designated in the international application are bound by the Agreement (whether or not those States are also bound by the Protocol);
(ix) “international application governed exclusively by the Protocol” means an international application whose Office of origin is the Office
* of a State bound by the Protocol but not by the Agreement, or
* of a Contracting Organization, or
* of a State bound by both the Agreement and the Protocol where the international application does not contain the designation of any State bound by the Agreement;
(x) “international application governed by both the Agreement and the Protocol” means an international application whose Office of origin is the Office of a State bound by both the Agreement and the Protocol and which is based on a registration and contains the designations
* of at least one State bound by the Agreement (whether or not that State is also bound by the Protocol), and
* of at least one State bound by the Protocol but not by the Agreement or of at least one Contracting Organization;
(xi) “applicant” means the natural person or legal entity in whose name the international application is filed;
(xii) “legal entity” means a corporation, association or other group or organization which, under the law applicable to it, is capable of acquiring rights, assuming obligations and suing or being sued in a court of law;
(xiii) “basic application” means the application for the registration of a mark that has been filed with the Office of a Contracting Party and that constitutes the basis for the international application for the registration of that mark;
(xiv) “basic registration” means the registration of a mark that has been effected by the Office of a Contracting Party and that constitutes the basis for the international application for the registration of that mark;
(xv) “designation” means the request for extension of protection (“territorial extension”) under Article 3ter(1) or (2) of the Agreement or under Article 3ter(1) or (2) of the Protocol, as the case may be; it also means such extension as recorded in the International Register;
(xvi) “designated Contracting Party” means a Contracting Party for which the extension of protection (“territorial extension”) has been requested under Article 3ter(1) or (2) of the Agreement or under Article 3ter(1) or (2) of the Protocol, as the case may be, or in respect of which such extension has been recorded in the International Register;
(xvii) “Contracting Party designated under the Agreement” means a designated Contracting Party for which the extension of protection (“territorial extension”) requested under Article 3ter(1) or (2) of the Agreement has been recorded in the International Register;
(xviibis) “Contracting Party whose designation is governed by the Agreement” means a Contracting Party designated under the Agreement or, where a change of ownership has been recorded and the Contracting Party of the holder is bound by the Agreement, a designated Contracting Party which is bound by the Agreement;
(xviii) “Contracting Party designated under the Protocol” means a designated Contracting Party for which the extension of protection (“territorial extension”) requested under Article 3ter(1) or (2) of the Protocol has been recorded in the International Register;
(xix) “notification of provisional refusal” means a declaration by the Office of a designated Contracting Party, in accordance with Article 5(1) of the Agreement or Article 5(1) of the Protocol;
(xixbis) “invalidation” means a decision by the competent authority (whether administrative or judicial) of a designated Contracting Party revoking or cancelling the effects, in the territory of that Contracting Party, of an international registration with regard to all or some of the goods or services covered by the designation of the said Contracting Party;
(xx) “Gazette” means the periodical gazette referred to in Rule 32;
(xxi) “holder” means the natural person or legal entity in whose name the international registration is recorded in the International Register;
(xxii) “International Classification of Figurative Elements” means the Classification established by the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks of June 12, 1973;
(xxiii) “International Classification of Goods and Services” means the Classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15, 1957, as revised at Stockholm on July 14, 1967, and at Geneva on May 13, 1977;
(xxiv) “International Register” means the official collection of data concerning international registrations maintained by the International Bureau, which data the Agreement, the Protocol or the Regulations require or permit to be recorded, irrespective of the medium in which such data are stored;
(xxv) “Office” means the Office of a Contracting Party in charge of the registration of marks, or the common Office referred to in Article 9quater of the Agreement or Article 9quater of the Protocol, or both, as the case may be;
(xxvi) “Office of origin” means the Office of the country of origin defined in Article 1(3) of the Agreement or the Office of origin defined in Article 2(2) of the Protocol, or both, as the case may be;
(xxvibis) “Contracting Party of the holder” means
* the Contracting Party whose Office is the Office of origin, or
* where a change of ownership has been recorded, the Contracting Party, or one of the Contracting Parties, in respect of which the holder fulfills the conditions, under Articles 1(2) and 2 of the Agreement or under Article 2 of the Protocol, to be the holder of an international registration;
(xxvii) “official form” means a form established by the International Bureau or any form having the same contents and format;
(xxviii) “prescribed fee” means the applicable fee set out in the Schedule of Fees;
(xxix) “Director General” means the Director General of the World Intellectual Property Organization;
(xxx) “International Bureau” means the International Bureau of the World Intellectual Property Organization.
(xxxi) “Administrative Instructions” means the Administrative Instructions referred to in Rule 41.
Rule 11
Irregularities Other Than Those Concerning
the Classification of Goods and Services
or Their Indication
(1) [Premature Request to the Office of Origin] (a) Where the Office of origin received a request to present to the International Bureau an international application governed exclusively by the Agreement before the mark which is referred to in that request is registered in the register of the said Office, the said request shall be deemed to have been received by the Office of origin, for the purposes of Article 3(4) of the Agreement, on the date of the registration of the mark in the register of the said Office.
(b) Subject to subparagraph (c), where the Office of origin receives a request to present to the International Bureau an international application governed by both the Agreement and the Protocol before the mark which is referred to in that request is registered in the register of the said Office, the international application shall be treated as an international application governed exclusively by the Protocol, and the Office of origin shall delete the designation of any Contracting Party bound by the Agreement.
(c) Where the request referred to in subparagraph (b) is accompanied by an express request that the international application be treated as an international application governed by both the Agreement and the Protocol once the mark is registered in the register of the Office of origin, the said Office shall not delete the designation of any Contracting Party bound by the Agreement and the request to present the international application shall be deemed to have been received by the said Office, for the purposes of Article 3(4) of the Agreement and Article 3(4) of the Protocol, on the date of the registration of the mark in the register of the said Office.
(2) [Irregularities to Be Remedied by the Applicant] (a) If the International Bureau considers that the international application contains irregularities other than those referred to in paragraphs (3), (4) and (6) and in Rules 12 and 13, it shall notify the applicant of the irregularity and at the same time inform the Office of origin.
(b) Such irregularities may be remedied by the applicant within three months from the date of the notification of the irregularity by the International Bureau. If an irregularity is not remedied within three months from the date of the notification of that irregularity by the International Bureau, the international application shall be considered abandoned and the International Bureau shall notify accordingly and at the same time the applicant and the Office of origin.
(3) [Irregularity to Be Remedied by the Applicant or by the Office of Origin] (a) Notwithstanding paragraph (2), where the fees payable under Rule 10 have been paid to the International Bureau by the Office of origin and the International Bureau considers that the amount of the fees received is less than the amount required, it shall notify at the same time the Office of origin and the applicant. The notification shall specify the missing amount.
(b) The missing amount may be paid by the Office of origin or by the applicant within three months from the date of the notification by the International Bureau. If the missing amount is not paid within three months from the date of the notification of the irregularity by the International Bureau, the international application shall be considered abandoned and the International Bureau shall notify accordingly and at the same time the Office of origin and the applicant.
(4) [Irregularities to Be Remedied by the Office of Origin] (a) If the International Bureau
(i) finds that the international application does not fulfill the requirements of Rule 2 or was not presented on the official form prescribed under Rule 9(2)(a),
(ii) finds that the international application contains any of the irregularities referred to in Rule 15(1),
(iii) considers that the international application contains irregularities relating to the entitlement of the applicant to file an international application,
(iv) considers that the international application contains irregularities relating to the declaration by the Office of origin referred to in Rule 9(5)(d),
(v) [Deleted]
(vi) finds that the international application is not signed by the Office of origin, or
(vii) finds that the international application does not contain the date and number of the basic application or basic registration, as the case may be, it shall notify the Office of origin and at the same time inform the applicant.
(b) Such irregularities may be remedied by the Office of origin within three months from the date of notification of the irregularity by the International Bureau. If an irregularity is not remedied within three months from the date of the notification of that irregularity by the International Bureau, the international application shall be considered abandoned and the International Bureau shall notify accordingly and at the same time the Office of origin and the applicant.
(5) [Reimbursement of Fees] Where, in accordance with paragraphs (2)(b), (3) or (4)(b), the international application is considered abandoned, the International Bureau shall refund any fees paid in respect of that application, after deduction of an amount corresponding to one-half of the basic fee referred to in items 1.1.1, 2.1.1 or 3.1.1 of the Schedule of Fees, to the party having paid those fees.
(6) [Other Irregularity With Respect to the Designation of a Contracting Party Under the Protocol] (a) Where, in accordance with Article 3(4) of the Protocol, an international application is received by the International Bureau within a period of two months from the date of receipt of that international application by the Office of origin and the International Bureau considers that a declaration of intention to use the mark is required according to Rule 9(5)(f) but is missing or does not comply with the applicable requirements, the International Bureau shall promptly notify accordingly and at the same time the applicant and the Office of origin.
(b) The declaration of intention to use the mark shall be deemed to have been received by the International Bureau together with the international application if the missing or corrected declaration is received by the International Bureau within the period of two months referred to in subparagraph (a).
(c) The international application shall be deemed not to contain the designation of the Contracting Party for which a declaration of intention to use the mark is required if the missing or corrected declaration is received after the period of two months referred to in subparagraph (b). The International Bureau shall notify accordingly and at the same time the applicant and the Office of origin, reimburse any designation fee already paid in respect of that Contracting Party and indicate that the designation of the said Contracting Party may be effected as a subsequent designation under Rule 24, provided that such designation is accompanied by the required declaration.
(7) [International Application Not Considered as Such] If the international application is presented direct to the International Bureau by the applicant or does not comply with the requirement applicable under Rule 6(1), the international application shall not be considered as such and shall be returned to the sender.
Irregularities Other Than Those Concerning
the Classification of Goods and Services
or Their Indication
(1) [Premature Request to the Office of Origin] (a) Where the Office of origin received a request to present to the International Bureau an international application governed exclusively by the Agreement before the mark which is referred to in that request is registered in the register of the said Office, the said request shall be deemed to have been received by the Office of origin, for the purposes of Article 3(4) of the Agreement, on the date of the registration of the mark in the register of the said Office.
(b) Subject to subparagraph (c), where the Office of origin receives a request to present to the International Bureau an international application governed by both the Agreement and the Protocol before the mark which is referred to in that request is registered in the register of the said Office, the international application shall be treated as an international application governed exclusively by the Protocol, and the Office of origin shall delete the designation of any Contracting Party bound by the Agreement.
(c) Where the request referred to in subparagraph (b) is accompanied by an express request that the international application be treated as an international application governed by both the Agreement and the Protocol once the mark is registered in the register of the Office of origin, the said Office shall not delete the designation of any Contracting Party bound by the Agreement and the request to present the international application shall be deemed to have been received by the said Office, for the purposes of Article 3(4) of the Agreement and Article 3(4) of the Protocol, on the date of the registration of the mark in the register of the said Office.
(2) [Irregularities to Be Remedied by the Applicant] (a) If the International Bureau considers that the international application contains irregularities other than those referred to in paragraphs (3), (4) and (6) and in Rules 12 and 13, it shall notify the applicant of the irregularity and at the same time inform the Office of origin.
(b) Such irregularities may be remedied by the applicant within three months from the date of the notification of the irregularity by the International Bureau. If an irregularity is not remedied within three months from the date of the notification of that irregularity by the International Bureau, the international application shall be considered abandoned and the International Bureau shall notify accordingly and at the same time the applicant and the Office of origin.
(3) [Irregularity to Be Remedied by the Applicant or by the Office of Origin] (a) Notwithstanding paragraph (2), where the fees payable under Rule 10 have been paid to the International Bureau by the Office of origin and the International Bureau considers that the amount of the fees received is less than the amount required, it shall notify at the same time the Office of origin and the applicant. The notification shall specify the missing amount.
(b) The missing amount may be paid by the Office of origin or by the applicant within three months from the date of the notification by the International Bureau. If the missing amount is not paid within three months from the date of the notification of the irregularity by the International Bureau, the international application shall be considered abandoned and the International Bureau shall notify accordingly and at the same time the Office of origin and the applicant.
(4) [Irregularities to Be Remedied by the Office of Origin] (a) If the International Bureau
(i) finds that the international application does not fulfill the requirements of Rule 2 or was not presented on the official form prescribed under Rule 9(2)(a),
(ii) finds that the international application contains any of the irregularities referred to in Rule 15(1),
(iii) considers that the international application contains irregularities relating to the entitlement of the applicant to file an international application,
(iv) considers that the international application contains irregularities relating to the declaration by the Office of origin referred to in Rule 9(5)(d),
(v) [Deleted]
(vi) finds that the international application is not signed by the Office of origin, or
(vii) finds that the international application does not contain the date and number of the basic application or basic registration, as the case may be, it shall notify the Office of origin and at the same time inform the applicant.
(b) Such irregularities may be remedied by the Office of origin within three months from the date of notification of the irregularity by the International Bureau. If an irregularity is not remedied within three months from the date of the notification of that irregularity by the International Bureau, the international application shall be considered abandoned and the International Bureau shall notify accordingly and at the same time the Office of origin and the applicant.
(5) [Reimbursement of Fees] Where, in accordance with paragraphs (2)(b), (3) or (4)(b), the international application is considered abandoned, the International Bureau shall refund any fees paid in respect of that application, after deduction of an amount corresponding to one-half of the basic fee referred to in items 1.1.1, 2.1.1 or 3.1.1 of the Schedule of Fees, to the party having paid those fees.
(6) [Other Irregularity With Respect to the Designation of a Contracting Party Under the Protocol] (a) Where, in accordance with Article 3(4) of the Protocol, an international application is received by the International Bureau within a period of two months from the date of receipt of that international application by the Office of origin and the International Bureau considers that a declaration of intention to use the mark is required according to Rule 9(5)(f) but is missing or does not comply with the applicable requirements, the International Bureau shall promptly notify accordingly and at the same time the applicant and the Office of origin.
(b) The declaration of intention to use the mark shall be deemed to have been received by the International Bureau together with the international application if the missing or corrected declaration is received by the International Bureau within the period of two months referred to in subparagraph (a).
(c) The international application shall be deemed not to contain the designation of the Contracting Party for which a declaration of intention to use the mark is required if the missing or corrected declaration is received after the period of two months referred to in subparagraph (b). The International Bureau shall notify accordingly and at the same time the applicant and the Office of origin, reimburse any designation fee already paid in respect of that Contracting Party and indicate that the designation of the said Contracting Party may be effected as a subsequent designation under Rule 24, provided that such designation is accompanied by the required declaration.
(7) [International Application Not Considered as Such] If the international application is presented direct to the International Bureau by the applicant or does not comply with the requirement applicable under Rule 6(1), the international application shall not be considered as such and shall be returned to the sender.
Rule 5
Irregularities in Postal and Delivery Services
(1) [Communications Sent Through a Postal Service] Failure by an interested party to meet a time limit for a communication addressed to the International Bureau and mailed through a postal service shall be excused if the interested party submits evidence showing, to the satisfaction of the International Bureau,
(i) that the communication was mailed at least five days prior to the expiry of the time limit, or, where the postal service was, on any of the ten days preceding the day of expiry of the time limit, interrupted on account of war, revolution, civil disorder, strike, natural calamity, or other like reason, that the communication was mailed not later than five days after postal service was resumed,
(ii) that the mailing of the communication was registered, or details of the mailing were recorded, by the postal service at the time of mailing, and
(iii) in cases where all classes of mail do not normally reach the International Bureau within two days of mailing, that the communication was mailed by a class of mail which normally reaches the International Bureau within two days of mailing or by airmail.
(2) [Communications Sent Through a Delivery Service] Failure by an interested party to meet a time limit for a communication addressed to the International Bureau and sent through a delivery service shall be excused if the interested party submits evidence showing, to the satisfaction of the International Bureau,
(i) that the communication was sent at least five days prior to the expiry of the time limit, or, where the delivery service was, on any of the ten days preceding the day of expiry of the time limit, interrupted on account of war, revolution, civil disorder, strike, natural calamity, or other like reason, that the communication was sent not later than five days after the delivery service was resumed, and
(ii) that details of the sending of the communication were recorded by the delivery service at the time of sending.
(3) [Limitation on Excuse] Failure to meet a time limit shall be excused under this Rule only if the evidence referred to in paragraph (1) or (2) and the communication or a duplicate thereof are received by the International Bureau not later than six months after the expiry of the time limit.
(4) [International Application and Subsequent Designation] Where the International Bureau receives an international application or a subsequent designation beyond the two-month period referred to in Article 3(4) of the Agreement, in Article 3(4) of the Protocol and in Rule 24(6)(b), and the Office concerned indicates that the late receipt resulted from circumstances referred to in paragraph (1) or (2), paragraph (1) or (2) and paragraph (3) shall apply.
Irregularities in Postal and Delivery Services
(1) [Communications Sent Through a Postal Service] Failure by an interested party to meet a time limit for a communication addressed to the International Bureau and mailed through a postal service shall be excused if the interested party submits evidence showing, to the satisfaction of the International Bureau,
(i) that the communication was mailed at least five days prior to the expiry of the time limit, or, where the postal service was, on any of the ten days preceding the day of expiry of the time limit, interrupted on account of war, revolution, civil disorder, strike, natural calamity, or other like reason, that the communication was mailed not later than five days after postal service was resumed,
(ii) that the mailing of the communication was registered, or details of the mailing were recorded, by the postal service at the time of mailing, and
(iii) in cases where all classes of mail do not normally reach the International Bureau within two days of mailing, that the communication was mailed by a class of mail which normally reaches the International Bureau within two days of mailing or by airmail.
(2) [Communications Sent Through a Delivery Service] Failure by an interested party to meet a time limit for a communication addressed to the International Bureau and sent through a delivery service shall be excused if the interested party submits evidence showing, to the satisfaction of the International Bureau,
(i) that the communication was sent at least five days prior to the expiry of the time limit, or, where the delivery service was, on any of the ten days preceding the day of expiry of the time limit, interrupted on account of war, revolution, civil disorder, strike, natural calamity, or other like reason, that the communication was sent not later than five days after the delivery service was resumed, and
(ii) that details of the sending of the communication were recorded by the delivery service at the time of sending.
(3) [Limitation on Excuse] Failure to meet a time limit shall be excused under this Rule only if the evidence referred to in paragraph (1) or (2) and the communication or a duplicate thereof are received by the International Bureau not later than six months after the expiry of the time limit.
(4) [International Application and Subsequent Designation] Where the International Bureau receives an international application or a subsequent designation beyond the two-month period referred to in Article 3(4) of the Agreement, in Article 3(4) of the Protocol and in Rule 24(6)(b), and the Office concerned indicates that the late receipt resulted from circumstances referred to in paragraph (1) or (2), paragraph (1) or (2) and paragraph (3) shall apply.
ブログ内検索
カテゴリー
カレンダー
最新コメント
最新記事
(07/09)
(09/01)
(09/01)
(09/01)
(09/01)
最新トラックバック
プロフィール
ＨＮ：
No Name Ninja
性別：
非公開
バーコード
アーカイブ