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Administrative Regulations under the Uniform Benelux Designs Law

 

 

Administrative Regulations
under the Uniform Benelux Designs Law*

The Executive Board of the Benelux Designs Office,

Considering the Protocol of May 31, 1989, establishing the Executive Rules referred to in Article 2.1 of the Benelux Designs Convention,

Considering Article 2.1 and Article 4.2 of the Benelux Designs Convention signed in Brussels on October 25, 1966,

Has decided to repeal the Administrative Regulations of October 21, 1986, that entered into force on January 1, 1987, and to replace them with the present Regulations:

Article 1
1. The model forms (A4 format) referred to in Article 1.3 and Article 3 of the Executive Rules are given in the annexes1 to these Regulations; the forms must be submitted in four copies.
2. Notwithstanding Article 23 of the Executive Rules, those forms that do not come from the Benelux Office or the national offices shall nevertheless be accepted on condition that they contain, in particular, the corresponding headings and reference numbers shown on the above-mentioned forms.
Article 2
1. The photographic representation of the appearance of the product, referred to in Article 1.1(b) of the Executive Rules, must be a black and white original with clear contrasts; it must be printed on matt white rectangular paper and the product must be shown against a neutral background.
2. The graphic representation of the appearance of the product, referred to in Article 1.1(b) of the Executive Rules, must be a clear reprographic copy of an original line drawing of the appearance of the product, executed in black on white paper. The line drawing must be executed in indelible black ink on white paper and be contained within a rectangular surface of the same format as the filed representation.
3. The representations referred to in paragraphs 1 and 2, one of which at least must show a general view of the appearance of the product, must be filed in the format in which the depositor wishes them to be published. The representations may not contain wording except for brief indications concerning the angle from which the product is represented. The height and width of the representation may not be less than 4 cm and may not exceed 24 or 16 cm, respectively.
4. Each representation must be filed in 20 copies of which four must be pasted on the forms referred to in Article 1 or on their annexes.

However, where the depositor claims protection for the color or colors of the design, he must file 20 copies in color of the representation of which four must be pasted on the forms referred to in Article 1 or on their annexes; he must further file two copies of the representation in the same format in black and white.

The minimum and maximum dimensions of the representations referred to above are identical with those laid down in paragraph 3.

5. The means of reproduction to be filed with the representation referred to in paragraph 2 must be the original line drawing.
Article 3
The standard space referred to in Article 26.1(a)2 and (b)5 of the Executive Rules has a width of 8 cm and a height of 6 cm.
Article 4
Any request for amendments or additions to be made to the registers kept by the Benelux Office must be filed in three copies.

Letters or communications addressed to the Benelux Office or to the national offices must be filed in two copies, except where sent by telegraph, telex or other similar means of communication.

Article 5
Receipt for any document intended for recording in the registers kept by the Benelux Office shall be given by returing a copy of the document or a copy of the accompanying letter bearing the stamp as provided in Article 20.2 of the Executive Rules.
Article 6
1. Filing of general powers of attorney shall be effected by submitting a request accompanied by a power of attorney form dated and signed by the owner, together with a copy thereof.
2. The copy shall be returned to the owner bearing a stamp showing the registration number.
3. Where use is made of general powers of attorney, reference to such powers is to be made in any operation, either by giving the registration number of those powers or by submitting a copy of the powers.
Article 7
1. The Benelux Office and the national offices are open to the public, as regards operations affecting the date of the Benelux deposit, from Monday to Friday from 10 a.m. to 12 noon and from 2 p.m. to 4 p.m., except on the following days: January 1 and 2, Shrove Monday, Good Friday, Easter Monday, April 30, May 1 and 5, Ascension Day, Whit Monday and Whit Tuesday, June 23, July 21 and 22, August 15, the Monday of Schobermesse, November 1, 2, 11 and 15, December 24, 25 and 26.
2. The national offices are closed to the public, for consulting the Register of Benelux Deposits and for providing information relating to registered Benelux designs, on the days on which the Benelux Office is completely closed, i.e., January 1, Good Friday, Easter Monday, April 30, May 5, Ascension Day, Whit Monday, June 23, July 21 and December 25 and 26.
3. If the Benelux Office and the national offices are closed on days and at times other than those stated above, they shall be communicated in the Recueil des Dessins ou Mod�les Benelux-Benelux-Tekeningen- of Modellenblad.
Article 8
These Regulations shall enter into force on July 1, 1989.

* French title: R�glement d'application de la Loi Uniforme Benelux en Mati�re de Dessins ou Mod�les.

Entry into force: July 1, 1989.

Source: Communication from the Benelux Designs Office.

Note: For the Benelux Designs Convention/Uniform Benelux Designs Law and Executive Rules thereunder, see Industrial Property Laws and Treaties, MULTILATERAL TREATIES - Texts 4-003 and 4-004, respectively.

** Added by WIPO.

1 Not reproduced here (Editor's note).

 

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