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

22 GENEVA
ACT
(1999)



(c) Any amendment which enters into force in accordance with the provisions of
this paragraph shall bind all the States and intergovernmental organizations which are
Contracting Parties at the time the amendment enters into force, or which become Contracting
Parties at a subsequent date.



CHAPTER IV

FINAL PROVISIONS

Article 27
Becoming Party to This Act

(1) [Eligibility] Subject to paragraphs (2) and (3) and Article 28,


(i) any State member of the Organization may sign and become party to this Act;


(ii) any intergovernmental organization which maintains an Office in which
protection of industrial designs may be obtained with effect in the territory in which the
constituting treaty of the intergovernmental organization applies may sign and become party
to this Act, provided that at least one of the member States of the intergovernmental
organization is a member of the Organization and provided that such Office is not the subject
of a notification under Article 19.

(2) [Ratification or Accession] Any State or intergovernmental organization referred to
in paragraph (1) may deposit


(i) an instrument of ratification if it has signed this Act, or


(ii) an instrument of accession if it has not signed this Act.

(3) [Effective Date of Deposit] (a) Subject to subparagraphs (b) to (d), the effective date
of the deposit of an instrument of ratification or accession shall be the date on which that
instrument is deposited.

(b) The effective date of the deposit of the instrument of ratification or accession of
any State in respect of which protection of industrial designs may be obtained only through
the Office maintained by an intergovernmental organization of which that State is a member
shall be the date on which the instrument of that intergovernmental organization is deposited
if that date is later than the date on which the instrument of the said State has been deposited.

(c) The effective date of the deposit of any instrument of ratification or accession
containing or accompanied by the notification referred to in Article 19 shall be the date on
which the last of the instruments of the States members of the group of States having made
the said notification is deposited.

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ACT
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(d) Any instrument of ratification or accession of a State may contain or be
accompanied by a declaration making it a condition to its being considered as deposited that
the instrument of one other State or one intergovernmental organization, or the instruments of
two other States, or the instruments of one other State and one intergovernmental
organization, specified by name and eligible to become party to this Act, is or are also
deposited. The instrument containing or accompanied by such a declaration shall be
considered to have been deposited on the day on which the condition indicated in the
declaration is fulfilled. However, when an instrument specified in the declaration itself
contains, or is itself accompanied by, a declaration of the said kind, that instrument shall be
considered as deposited on the day on which the condition specified in the latter declaration is
fulfilled.

(e) Any declaration made under paragraph (d) may be withdrawn, in its entirety or
in part, at any time. Any such withdrawal shall become effective on the date on which the
notification of withdrawal is received by the Director General.


Article 28
Effective Date of Ratifications and Accessions

(1) [Instruments to Be Taken into Consideration] For the purposes of this Article, only
instruments of ratification or accession that are deposited by States or intergovernmental
organizations referred to in Article 27(1) and that have an effective date according to
Article 27(3) shall be taken into consideration.

(2) [Entry into Force of This Act] This Act shall enter into force three months after six
States have deposited their instruments of ratification or accession, provided that, according to
the most recent annual statistics collected by the International Bureau, at least three of those
States fulfill at least one of the following conditions:


(i) at least 3,000 applications for the protection of industrial designs have been
filed in or for the State concerned, or


(ii) at least 1,000 applications for the protection of industrial designs have been
filed in or for the State concerned by residents of States other than that State.

(3) [Entry into Force of Ratifications and Accessions] (a) Any State or
intergovernmental organization that has deposited its instrument of ratification or accession
three months or more before the date of entry into force of this Act shall become bound by
this Act on the date of entry into force of this Act.

(b) Any other State or intergovernmental organization shall become bound by this
Act three months after the date on which it has deposited its instrument of ratification or
accession or at any later date indicated in that instrument.


Article 29
Prohibition of Reservations

No reservations to this Act are permitted.

24 GENEVA
ACT
(1999)



Article 30
Declarations Made by Contracting Parties

(1) [Time at Which Declarations May Be Made] Any declaration under Articles 4(1)(b),
5(2)(a), 7(2), 11(1), 13(1), 14(3), 16(2) or 17(3)(c) may be made


(i) at the time of the deposit of an instrument referred to in Article 27(2), in
which case it shall become effective on the date on which the State or intergovernmental
organization having made the declaration becomes bound by this Act, or


(ii) after the deposit of an instrument referred to in Article 27(2), in which case it
shall become effective three months after the date of its receipt by the Director General or at
any later date indicated in the declaration but shall apply only in respect of any international
registration whose date of international registration is the same as, or is later than, the
effective date of the declaration.

(2) [Declarations by States Having a Common Office] Notwithstanding paragraph (1),
any declaration referred to in that paragraph that has been made by a State which has, with
another State or other States, notified the Director General under Article 19(1) of the
substitution of a common Office for their national Offices shall become effective only if that
other State or those other States makes or make a corresponding declaration or corresponding
declarations.

(3) [Withdrawal of Declarations] Any declaration referred to in paragraph (1) may be
withdrawn at any time by notification addressed to the Director General. Such withdrawal
shall take effect three months after the date on which the Director General has received the
notification or at any later date indicated in the notification. In the case of a declaration made
under Article 7(2), the withdrawal shall not affect international applications filed prior to the
coming into effect of the said withdrawal.


Article 31
Applicability of the 1934 and 1960 Acts

(1) [Relations Between States Party to Both This Act and the 1934 or 1960 Acts] This
Act alone shall be applicable as regards the mutual relations of States party to both this Act
and the 1934 Act or the 1960 Act. However, such States shall, in their mutual relations, apply
the 1934 Act or the 1960 Act, as the case may be, to industrial designs deposited at the
International Bureau prior to the date on which this Act becomes applicable as regards their
mutual relations.

(2) [Relations Between States Party to Both This Act and the 1934 or 1960 Acts and
States Party to the 1934 or 1960 Acts Without Being Party to This Act] (a) Any State that is
party to both this Act and the 1934 Act shall continue to apply the 1934 Act in its relations
with States that are party to the 1934 Act without being party to the 1960 Act or this Act.

(b) Any State that is party to both this Act and the 1960 Act shall continue to apply
the 1960 Act in its relations with States that are party to the 1960 Act without being party to
this Act.


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Article 32
Denunciation of This Act

(1) [Notification]

Any Contracting Party may denounce this Act by notification
addressed to the Director General.

(2) [Effective Date] Denunciation shall take effect one year after the date on which the
Director General has received the notification or at any later date indicated in the notification.
It shall not affect the application of this Act to any international application pending and any
international registration in force in respect of the denouncing Contracting Party at the time of
the coming into effect of the denunciation.


Article 33
Languages of This Act; Signature

(1) [Original Texts; Official Texts] (a) This Act shall be signed in a single original in
the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally
authentic.

(b) Official texts shall be established by the Director General, after consultation
with the interested Governments, in such other languages as the Assembly may designate.

(2) [Time Limit for Signature] This Act shall remain open for signature at the
headquarters of the Organization for one year after its adoption.


Article 34
Depositary

The Director General shall be the depositary of this Act.



Common Regulations Under the 1999 Act,
the 1960 Act and the 1934 Act
of the Hague Agreement

(as in force on January 1, 2008)

TABLE OF CONTENTS

CHAPTER 1:
GENERAL PROVISIONS
Rule 1:
Definitions
Rule 2:
Communication with the International Bureau
Rule 3:
Representation Before the International Bureau
Rule 4:
Calculation of Time Limits
Rule 5:
Irregularities in Postal and Delivery Services
Rule 6:
Languages

CHAPTER 2:
INTERNATIONAL APPLICATIONS AND INTERNATIONAL
REGISTRATIONS
Rule 7:
Requirements Concerning the International Application
Rule 8:
Special Requirements Concerning the Applicant
Rule 9:
Reproductions of the Industrial Design
Rule 10:
Specimens of the Industrial Design Where Deferment of Publication Is
Requested
Rule 11:
Identity of Creator; Description; Claim
Rule 12:
Fees Concerning the International Application
Rule 13:
International Application Filed Through an Office
Rule 14:
Examination by the International Bureau
Rule 15:
Registration of the Industrial Design in the International Register
Rule 16:
Deferment of Publication
Rule 17:
Publication of the International Registration

CHAPTER 3:
REFUSALS AND INVALIDATIONS
Rule 18:
Notification of Refusal
Rule 19:
Irregular Refusals
Rule 20:
Invalidation in Designated Contracting Parties

CHAPTER 4:
CHANGES AND CORRECTIONS
Rule 21:
Recording of a Change
Rule 22:
Corrections in the International Register

CHAPTER 5:
RENEWALS
Rule 23:
Unofficial Notice of Expiry
Rule 24:
Details Concerning Renewal
Rule 25:
Recording of the Renewal; Certificate