CHAPTER 4 |
Rule 21 |
(1) [Presentation of the Request] (a) A request for recordal shall be presented to the International Bureau on the relevant official form where the request relates to any of the following:
(i) a change in the ownership of the international registration in respect of all or some of the industrial designs that are the subject of the international registration;
(ii) a limitation, in respect of any or all of the designated Contracting Parties, to one or some of the industrial designs that are the subject of the international registration;
(iii) a renunciation of the international registration in respect of any or all of the designated Contracting Parties;
(iv) a change in the name or address of the holder.
[Rule 21(1), continued]
(b) The request shall be presented by the holder and signed by the holder; however, a request for recordal of a change in ownership may be presented by the new owner, provided that it is
(i) signed by the holder, or
(ii) signed by the new owner and accompanied by an attestation from the competent authority of the holders Contracting Party that the new owner appears to be the successor in title of the holder.
(2) [Contents of the Request] The request for the recordal of a change shall, in addition to the requested change, contain or indicate
(i) the number of the international registration concerned,
(ii) the name of the holder, unless the change relates to the name or address of the representative,
(iii) in case of a change in the ownership of the international registration, the name and address, given in accordance with the Administrative Instructions, of the new owner of the international registration,
[Rule 21(2), continued]
(iv) in case of a change in the ownership of the international registration, the Contracting Party or Parties in respect of which the new owner fulfills the conditions, under Article 3, to be the holder of an international registration,
(v) in case of a change in the ownership of the international registration that does not relate to all the industrial designs and to all the Contracting Parties, the numbers of the industrial designs and the designated Contracting Parties to which the change in ownership relates, and
(vi) the amount of the fees being paid and the method of payment, or instruction to debit the required amount of fees to an account opened with the International Bureau, and the identification of the party effecting the payment or giving the instructions.
(3) [Irregular Request] If the request does not comply with the applicable requirements, the International Bureau shall notify that fact to the holder and, if the request was made by a person claiming to be the new owner, to that person.
(4) [Time Allowed to Remedy Irregularity] The irregularity may be remedied within three months from the date of the notification of the irregularity by the International Bureau. If the irregularity is not remedied within the said three months, the request shall be considered[Rule 21(4), continued]
abandoned, and the International Bureau shall notify accordingly and at the same time the holder and, if the request was presented by a person claiming to be the new owner, that person, and shall refund any fees paid, after deduction of an amount corresponding to one-half of the relevant fees.
(5) [Recordal and Notification of a Change] (a) The International Bureau shall, provided that the request is in order, promptly record the change in the International Register and shall inform the holder. In the case of a recordal of a change in ownership, the International Bureau will inform both the new holder and the previous holder.
(b) The change shall be recorded as of the date of receipt by the International Bureau of the request complying with the applicable requirements. Where however the request indicates that the change should be recorded after another change, or after renewal of the international registration, the International Bureau shall proceed accordingly.
(6) [Recordal of Partial Change in Ownership] Assignment or other transfer of the international registration in respect of some only of the industrial designs, or some only of the designated Contracting Parties shall be recorded in the International Register under the number of the international registration of which a part has been assigned or otherwise transferred; any assigned or otherwise transferred part shall be canceled under the number of the said international
[Rule 21(6), continued]
registration and recorded as a separate international registration. The separate international registration shall bear the number of the international registration of which a part has been assigned or otherwise transferred, together with a capital letter.
(7) [Recordal of Merger of International Registrations] Where the same natural person or legal entity becomes the holder of two or more international registrations resulting from a partial change in ownership, the registrations shall be merged at the request of the said person or entity, and paragraphs (1) to (6) shall apply mutatis mutandis. The international registration resulting from the merger shall bear the number of the international registration of which a part had been assigned or otherwise transferred, together, where applicable, with a capital letter.
Rule 22 |
(1) [Correction] Where the International Bureau, acting ex officio or at the request of the holder, considers that there is an error concerning an international registration in the International Register, it shall modify the Register accordingly.
(2) [Notification] The International Bureau shall notify accordingly the holder.
(3) [Refusal of Effects of Correction] The Office of any designated Contracting Party shall have the right to declare in a notification to the International Bureau that it refuses to recognize the effects of the correction. Article 11 and Rules 18 and 19 shall apply mutatis mutandis.