Publication Procedure under Article 6ter

The Paris Union Assembly on the occasion of its 40th session, which took place in Geneva from September 22 to October 1, 2008, based on the recommendation of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications, decided to modernize the Article 6ter communication procedure through the introduction of electronic means of communication.

Under the revised communication procedure, individual communications of signs for which protection under Article 6ter is requested by States and IGOs are replaced by a periodical electronic publication in the Article 6ter Express database. The nature of the signs concerned as well as the entity (State or IGO) having requested their protection, is published, in English and French, together with the individual reproductions of the signs concerned.

The electronic publication is made on a semi-annual basis, on the last working day of the months of March and September, respectively, according to the WIPO calendar, starting in March 2009. A link to the most recent communications is inserted into the database, which indicates the communications that were received by the International Bureau during the six months previous to the publication. The date of publication is considered to constitute the date of receipt of the communication by individual States party to the Paris Convention and any other party bound to apply Article 6ter of the Paris Convention.

Consequently, the time periods provided for in Article 6ter(4) and (6) of the Paris Convention are calculated as of that date of publication for all receiving States party to the Paris Convention. By consequence, this date is identical for States concerned.