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CHAPTER 7
FEES

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Rule 27
Payment of Fees

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      (1) [Payments]  (a)  Subject to subparagraph (b), the fees indicated in the Schedule of Fees shall be paid to the International Bureau by the applicant or the holder.

      (b) Where the international application is filed through the intermediary of the Office of the applicant’s Contracting Party, the fees payable in connection with that application may be paid through that Office if it accepts to collect and forward such fees and the applicant or the holder so wishes. Any Contracting Party whose Office accepts to collect and forward such fees shall notify that fact to the Director General.

      (2) [Modes of Payment]  The fees indicated in the Schedule of Fees may be paid to the International Bureau

      (i) by debit to a current account with the International Bureau,

      (ii) by payment into the Swiss postal cheque account or to any of the specified bank accounts of the International Bureau,

      [Rule 27(2), continued]

      (iii) by a banker’s cheque,

      (iv) by payment in cash at the International Bureau.

      (3) [Indications Accompanying the Payment]  At the time of the payment of any fee to the International Bureau, an indication must be given,

      (i) before international registration, of the name of the applicant, the industrial design concerned and the purpose of the payment;

      (ii) after international registration, of the name of the holder, the number of the international registration concerned and the purpose of the payment.

      (4) [Date of Payment]  (a)  Subject to Rule 24(1)(d) and subparagraph (b), any fee shall be considered to have been paid to the International Bureau on the day on which the International Bureau receives the required amount.

      (b) Where the required amount is available in an account opened with the International Bureau and that Bureau has received instructions from the holder of the account to debit it, the fee shall be considered to have been paid to the International Bureau on the day on which the International Bureau receives an international application, a request for the recordal of a change, or an instruction to renew an international registration.

      [Rule 27, continued]

      (5) [Change in the Amount of the Fees]  (a)  Where an international application is filed through the Office of the applicant’s Contracting Party and the amount of the fees payable in respect of the filing of the international application is changed between, on the one hand, the date on which the international application was received by that Office and, on the other hand, the date of the receipt of the international application by the International Bureau, the fee that was valid on the first date shall be applicable.

      (b) Where the amount of the fees payable in respect of the renewal of an international registration is changed between the date of payment and the due date of the renewal, the fee that was valid on the date of payment, or on the date considered to be the date of payment under Rule 24(1)(d), shall be applicable. Where the payment is made after the due date, the fee that was valid on the due date shall be applicable.

      (c) Where the amount of any fee other than the fees referred to in subparagraphs (a) and (b) is changed, the amount valid on the date on which the fee was received by the International Bureau shall be applicable.

Rule 28
Currency of Payments

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      (1) [Obligation to Use Swiss Currency]  All payments due under these Regulations shall be made to the International Bureau in Swiss currency irrespective of the fact that, where the fees are paid through an Office, such Office may have collected those fees in another currency.

      (2) [Establishment of the Amount of Individual Designation Fees in Swiss Currency]  (a)  Where a Contracting Party makes a declaration under Article 7(2) that it wants to receive an individual designation fee, the amount of the fee indicated to the International Bureau shall be expressed in the currency used by its Office.

      (b) Where the fee is indicated in the declaration referred to in subparagraph (a) in a currency other than Swiss currency, the Director General shall, after consultation with the Office of the Contracting Party concerned, establish the amount of the fee in Swiss currency on the basis of the official exchange rate of the United Nations.

      (c) Where, for more than three consecutive months, the official exchange rate of the United Nations between the Swiss currency and the currency in which the amount of an individual designation fee has been indicated by a Contracting Party is higher or lower by at least 5% than the last exchange rate applied to establish the amount of the fee in Swiss currency, the Office of that Contracting Party may ask the Director General to establish a new amount of the fee in Swiss

      [Rule 28(2)(c), continued]

      currency according to the official exchange rate of the United Nations prevailing on the day preceding the day on which the request is made. The Director General shall proceed accordingly. The new amount shall be applicable as from a date which shall be fixed by the Director General, provided that such date is between one and two months after the date of the publication of the said amount in the Bulletin.

      (d) Where, for more than three consecutive months, the official exchange rate of the United Nations between the Swiss currency and the currency in which the amount of an individual designation fee has been indicated by a Contracting Party is lower by at least 10% than the last exchange rate applied to establish the amount of the fee in Swiss currency, the Director General shall establish a new amount of the fee in Swiss currency according to the current official exchange rate of the United Nations. The new amount shall be applicable as from a date which shall be fixed by the Director General, provided that such date is between one and two months after the date of the publication of the said amount in the Bulletin.

Rule 29
Crediting of Fees to the Accounts of the Contracting Parties Concerned

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          Any standard designation fee or individual designation fee paid to the International Bureau in respect of a Contracting Party shall be credited to the account of that Contracting Party with the International Bureau within the month following the month in the course of which the recordal of the international registration or renewal for which that fee has been paid was effected.

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