Rządowy projekt ustawy o ratyfikacji Aktu genewskiego Porozumienia haskiego w sprawie międzynarodowej rejestracji wzorów przemysłowych, przyjętego w Genewie dnia 2 lipca 1999 r.

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Article 13
Special Requirements Concerning Unity of Design

(1) [Notification of Special Requirements] Any Contracting Party whose law, at the time
it becomes party to this Act, requires that designs that are the subject of the same application
conform to a requirement of unity of design, unity of production or unity of use, or belong to
the same set or composition of items, or that only one independent and distinct design may be
claimed in a single application, may, in a declaration, notify the Director General accordingly.
However, no such declaration shall affect the right of an applicant to include two or more
industrial designs in an international application in accordance with Article 5(4), even if the
application designates the Contracting Party that has made the declaration.

(2) [Effect of Declaration] Any such declaration shall enable the Office of the
Contracting Party that has made it to refuse the effects of the international registration
pursuant to Article
12(1) pending compliance with the requirement notified by that
Contracting Party.

(3) [Further Fees Payable on Division of Registration] Where, following a notification
of refusal in accordance with paragraph (2), an international registration is divided before the
Office concerned in order to overcome a ground of refusal stated in the notification, that
Office shall be entitled to charge a fee in respect of each additional international application
that would have been necessary in order to avoid that ground of refusal.


Article 14
Effects of the International Registration

(1) [Effect as Application Under Applicable Law] The international registration shall,
from the date of the international registration, have at least the same effect in each designated
Contracting Party as a regularly-filed application for the grant of protection of the industrial
design under the law of that Contracting Party.

(2) [Effect as Grant of Protection Under Applicable Law] (a) In each designated
Contracting Party the Office of which has not communicated a refusal in accordance with
Article 12, the international registration shall have the same effect as a grant of protection for
the industrial design under the law of that Contracting Party at the latest from the date of
expiration of the period allowed for it to communicate a refusal or, where a Contracting Party
has made a corresponding declaration under the Regulations, at the latest at the time specified
in that declaration.

(b)3 Where the Office of a designated Contracting Party has communicated a refusal
and has subsequently withdrawn, in part or in whole, that refusal, the international registration
shall, to the extent that the refusal is withdrawn, have the same effect in that Contracting Party
as a grant of protection for the industrial design under the law of the said Contracting Party at
the latest from the date on which the refusal was withdrawn.


3
See footnote on page 20.
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(c) The effect given to the international registration under this paragraph shall apply
to the industrial design or designs that are the subject of that registration as received from the
International Bureau by the designated Office or, where applicable, as amended in the
procedure before that Office.

(3) [Declaration Concerning Effect of Designation of Applicant’s Contracting
Party] (a) Any Contracting Party whose Office is an Examining Office may, in a declaration,
notify the Director General that, where it is the applicant’s Contracting Party, the designation
of that Contracting Party in an international registration shall have no effect.

(b) Where a Contracting Party having made the declaration referred to in
subparagraph
(a) is indicated in an international application both as the applicant’s
Contracting Party and as a designated Contracting Party, the International Bureau shall
disregard the designation of that Contracting Party.


Article 15
Invalidation

(1) [Requirement of Opportunity of Defense] Invalidation, by the competent authorities
of a designated Contracting Party, of the effects, in part or in whole, in the territory of that
Contracting Party, of the international registration may not be pronounced without the holder
having, in good time, been afforded the opportunity of defending his rights.

(2) [Notification of Invalidation] The Office of the Contracting Party in whose territory
the effects of the international registration have been invalidated shall, where it is aware of the
invalidation, notify it to the International Bureau.


Article 16
Recording of Changes and Other Matters
Concerning International Registrations

(1) [Recording of Changes and Other Matters] The International Bureau shall, as
prescribed, record in the International Register


(i) any change in ownership of the international registration, in respect of any or
all of the designated Contracting Parties and in respect of any or all of the industrial designs
that are the subject of the international registration, provided that the new owner is entitled to
file an international application under Article 3,


(ii) any change in the name or address of the holder,


(iii) the appointment of a representative of the applicant or holder and any other
relevant fact concerning such representative,


(iv) any renunciation, by the holder, of the international registration, in respect of
any or all of the designated Contracting Parties,

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(v) any limitation, by the holder, of the international registration, in respect of
any or all of the designated Contracting Parties, to one or some of the industrial designs that
are the subject of the international registration,


(vi) any invalidation, by the competent authorities of a designated Contracting
Party, of the effects, in the territory of that Contracting Party, of the international registration
in respect of any or all of the industrial designs that are the subject of the international
registration,


(vii) any other relevant fact, identified in the Regulations, concerning the rights in
any or all of the industrial designs that are the subject of the international registration.

(2) [Effect of Recording in International Register] Any recording referred to in
items (i), (ii), (iv), (v), (vi) and (vii) of paragraph (1) shall have the same effect as if it had
been made in the Register of the Office of each of the Contracting Parties concerned, except
that a Contracting Party may, in a declaration, notify the Director General that a recording
referred to in item (i) of paragraph (1) shall not have that effect in that Contracting Party until
the Office of that Contracting Party has received the statements or documents specified in that
declaration.

(3) [Fees] Any recording made under paragraph (1) may be subject to the payment of a
fee.

(4) [Publication] The International Bureau shall publish a notice concerning any
recording made under paragraph (1). It shall send a copy of the publication of the notice to
the Office of each of the Contracting Parties concerned.


Article 17
Initial Term and Renewal of the International Registration and Duration of Protection

(1) [Initial Term of the International Registration] The international registration shall be
effected for an initial term of five years counted from the date of the international registration.

(2) [Renewal of the International Registration] The international registration may be
renewed for additional terms of five years, in accordance with the prescribed procedure and
subject to the payment of the prescribed fees.

(3) [Duration of Protection in Designated Contracting Parties] (a) Provided that the
international registration is renewed, and subject to subparagraph (b), the duration of
protection shall, in each of the designated Contracting Parties, be 15 years counted from the
date of the international registration.

(b) Where the law of a designated Contracting Party provides for a duration of
protection of more than 15 years for an industrial design for which protection has been
granted under that law, the duration of protection shall, provided that the international
registration is renewed, be the same as that provided for by the law of that Contracting Party.

(c) Each Contracting Party shall, in a declaration, notify the Director General of the
maximum duration of protection provided for by its law.

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(4) [Possibility of Limited Renewal] The renewal of the international registration may be
effected for any or all of the designated Contracting Parties and for any or all of the industrial
designs that are the subject of the international registration.

(5) [Recording and Publication of Renewal] The International Bureau shall record
renewals in the International Register and publish a notice to that effect. It shall send a copy
of the publication of the notice to the Office of each of the Contracting Parties concerned.


Article 18
Information Concerning Published International Registrations

(1) [Access to Information] The International Bureau shall supply to any person
applying therefor, upon the payment of the prescribed fee, extracts from the International
Register, or information concerning the contents of the International Register, in respect of
any published international registration.

(2) [Exemption from Legalization] Extracts from the International Register supplied by
the International Bureau shall be exempt from any requirement of legalization in each
Contracting Party.



CHAPTER II

ADMINISTRATIVE PROVISIONS

Article 19
Common Office of Several States

(1) [Notification of Common Office] If several States intending to become party to this
Act have effected, or if several States party to this Act agree to effect, the unification of their
domestic legislation on industrial designs, they may notify the Director General


(i) that a common Office shall be substituted for the national Office of each of
them, and


(ii) that the whole of their respective territories to which the unified legislation
applies shall be deemed to be a single Contracting Party for the purposes of the application of
Articles 1, 3 to 18 and 31 of this Act.

(2) [Time at Which Notification Is to Be Made] The notification referred to in
paragraph (1) shall be made,


(i) in the case of States intending to become party to this Act, at the time of the
deposit of the instruments referred to in Article 27(2);


(ii) in the case of States party to this Act, at any time after the unification of their
domestic legislation has been effected.

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(3) [Date of Entry into Effect of the Notification] The notification referred to in
paragraphs (1) and (2) shall take effect,


(i) in the case of States intending to become party to this Act, at the time such
States become bound by this Act;


(ii) in the case of States party to this Act, three months after the date of the
communication thereof by the Director General to the other Contracting Parties or at any later
date indicated in the notification.


Article 20
Membership of the Hague Union

The Contracting Parties shall be members of the same Union as the States party to the
1934 Act or the 1960 Act.


Article 21
Assembly

(1) [Composition] (a) The Contracting Parties shall be members of the same Assembly
as the States bound by Article 2 of the Complementary Act of 1967.

(b) Each member of the Assembly shall be represented in the Assembly by one
delegate, who may be assisted by alternate delegates, advisors and experts, and each delegate
may represent only one Contracting Party.

(c) Members of the Union that are not members of the Assembly shall be admitted
to the meetings of the Assembly as observers.

(2) [Tasks] (a) The Assembly shall


(i) deal with all matters concerning the maintenance and development of the
Union and the implementation of this Act;


(ii) exercise such rights and perform such tasks as are specifically conferred upon
it or assigned to it under this Act or the Complementary Act of 1967;


(iii) give directions to the Director General concerning the preparations for
conferences of revision and decide the convocation of any such conference;


(iv) amend the Regulations;


(v) review and approve the reports and activities of the Director General
concerning the Union, and give the Director General all necessary instructions concerning
matters within the competence of the Union;


(vi) determine the program and adopt the biennial budget of the Union, and
approve its final accounts;