Continuation of Effects of International Registrations in Certain Successor States

Rule 39

89.01 These paragraphs deal with the protection of an international registration when a State which had been designated is affected by changes resulting in a part of the territory of that State ("the predecessor Contracting Party ") becoming an independent State ("the successor State"). In such a case, the successor State may deposit with the Director General a declaration of continuation, the effect of which is that the Agreement, the Protocol, or both the Agreement and the Protocol are applied by the successor State.

Rule 39(1)

89.02 Any holder of an international registration with a territorial extension to the predecessor Contracting Party which is effective from a date prior than a date notified by the successor State will receive from the International Bureau a notice. The holder can ensure continued protection of his international registration in the successor State by filing with the International Bureau, within six months from the date of the notice, a request that the international registration continue its effects in the successor State and by the payment, within the same period of six months, to the International Bureau of a fee, the amount of which is specified in the Regulations. Part of that fee is transferred by the International Bureau to the successor State.

89.03 After the time limit for requesting continued protection has expired, protection of the international registration in the Contracting Party concerned can only be achieved by way of a subsequent designation.

Rule 39(3)

89.04 Upon receipt of the request and the fee, the International Bureau notifies the Office of the successor State and makes the corresponding recording in the International Register. It also publishes the relevant data in the Gazette.

Rule 39(4)

89.05 The successor State may refuse protection to the international registration only if the time limit referred to in Article 5(2) of the Agreement or of the Protocol has not expired with respect to the territorial extension to the predecessor Contracting Party. Rule 39(4) of the Regulations, however, does not preclude the Office of a successor State from notifying, beyond the time limit fixed in Article 5(2) of the Agreement and of the Protocol, a final decision on a refusal of protection regularly notified to the International Bureau by the predecessor Contracting Party (before the succession took place) in respect of an international registration which has been the subject of a request for continuation of effect in the successor State.