Limitation

A request for the recording of a limitation should be presented to the International Bureau on official form DM/3.  It may be used only to request the recording of a limitation for a single international registration.

99 Article 16(1)(v)Rule 21(1)(a)(iv)

A limitation differs from renunciation in that a renunciation concerns all the industrial designs that are the subject of an international registration, but not necessarily all the designated Contracting Parties.  On the other hand, a limitation necessarily concerns some only of the industrial designs, but never all, in relation to any, or all, of the Contracting Parties.

Item 1:  International registration number

A request must relate to a single international registration.  If the number is not known (because the international registration has not yet been effected or notified to the holder), no other number should be given.  The holder should wait until he is notified of the international registration number concerned and then make a further request.

Rule 21(2)(i)

Item 2:  Holder

The name of the holder, as recorded in the International Register, must be indicated in the same manner as that described in “Applicant”.

Rule 21(2)(ii)

Item 3:  Appointment of a representative

The holder may also, optionally, appoint a representative, simultaneously with the filing of the request for the recording of the limitation.  Such appointment may be made by attaching to form DM/3 the appropriate power of attorney, or form DM/7, or by inserting the holder’s signature where indicated in item 6.

Rule 3(1)(b)

Where there is no change in the representative already recorded, this item of the form should be left blank.

Item 4:  Industrial designs

Each industrial design affected by the limitation (that is, for which protection is no longer sought) must be specified by indicating its number.

Item 5:  Contracting Parties

The holder must indicate whether the request for the recording of the limitation relates to all the designated Contracting Parties (in which case box (a) must be ticked) or to some only of the designated Contracting Parties (in which case box (b) must be ticked, along with the boxes corresponding to those Contracting Parties concerned).

Item 6:  Signature by the holder or representative

The form should be signed or have a seal affixed and the identity of the signatory should be indicated.  There is also provision for an indication of the name of the person to be contacted, if necessary.  This may prove useful if, for example, the form is submitted in the name of a legal entity.

Rule 21(1)(b)

Fee calculation sheet

A request to record a limitation is subject to the payment of the fee specified in the Schedule of Fees (refer to “Payment of fees to the International Bureau”).

99 Article 16(3)Rule 21(2)(vi)

Irregular requests

If a request to record a limitation does not comply with any of the applicable requirements, the International Bureau notifies that fact to the holder.  The irregularity may be remedied within three months from the date of the notification.  If this is not done, the request is considered abandoned and any fee paid is reimbursed to the party that paid it, after deduction of an amount corresponding to one half of the relevant fee.

Rule 21(4) and (5)

Recording, notification and publication

Provided that the request is in order, the International Bureau promptly records the limitation in the International Register and informs the holder.  The change is recorded as of the date of receipt by the International Bureau of the request complying with the applicable requirements.

99 Article 16(4)Rule 21(6)