From 73b6c584b617583c01f667b98625ec8770a3d39b Mon Sep 17 00:00:00 2001 From: Coornhert Date: Wed, 1 Apr 1998 12:00:00 +0000 Subject: [PATCH] 1998-04-01 | BWBV0003002 | Protocol bij de Schikking van Madrid betreffende de internationale inschrijving van merken --- .../BWBV0003002/README.md | 11 +++++------ 1 file changed, 5 insertions(+), 6 deletions(-) diff --git a/verdrag/protocol-bij-de-schikking-van-madrid-betreffende-de-internationale-inschrijving/BWBV0003002/README.md b/verdrag/protocol-bij-de-schikking-van-madrid-betreffende-de-internationale-inschrijving/BWBV0003002/README.md index cf1f579b1cd..2a605d7900d 100644 --- a/verdrag/protocol-bij-de-schikking-van-madrid-betreffende-de-internationale-inschrijving/BWBV0003002/README.md +++ b/verdrag/protocol-bij-de-schikking-van-madrid-betreffende-de-internationale-inschrijving/BWBV0003002/README.md @@ -90,12 +90,12 @@ Where a mark that is the subject of a national or regional registration in the O **2.** a) Any Office wishing to exercise such right shall notify its refusal to the International Bureau, together with a statement of all grounds, within the period prescribed by the law applicable to that Office and at the latest, subject to subparagraphs b) and c), before the expiry of one year from the date on which the notification of the extension referred to in paragraph 1 has been sent to that Office by the International Bureau. b) Notwithstanding subparagraph a), any Contracting Party may declare that, for international registrations made under this Protocol, the time limit of one year referred to in subparagraph a) is replaced by 18 months. -c) Such declaration may also specify that, when a refusal of protection may result fom an opposition to the granting of protection, such refusal may be notified by the Office of the said Contracting Party to the International Bureau after the expiry of the 18-month time limit. Such an Office may, with respect to any given international registration, notify a refusal of protection after the expiry of the 18-month time limit, but only if +c) Such declaration may also specify that, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified by the Office of the said Contracting Party to the International Bureau after the expiry of the 18-month time limit. Such an Office may, with respect to any given international registration, notify a refusal of protection after the expiry of the 18-month time limit, but only if (i) it has, before the expiry of the 18-month time limit, informed the International Bureau of the possibility that oppositions may be led after the expiry of the 18-month time limit, and -(ii) The notification of the refusal based on an opposition is made within a time limit of one month from the expiry of the opposition period and, in any case, not later than seven months from the date on which the opposition period begins. +(ii) the notification of the refusal based on an opposition is made within a time limit of not more than seven months from the date on which the opposition period begins; if the opposition period expires before this time limit of seven months, the notification must be made within a time limit of one month from the expiry of the opposition period. d) Any declaration under subparagraphs b) or c) may be made in the instruments referred to in Article 14.2), and the effective date of the declaration shall be the same as the date of entry into force of this Protocol with respect to the State or intergovernmental organization having made the declaration. Any such declaration may also be made later, in which case the declaration shall have effect three months after its receipt by the Director General of the Organization (hereinafter referred to as "the Director General"), or at any later date indicated in the declaration, in respect of any international registration whose date is the same as or is later than the effective date of the declaration. -e) Upon the expiry of a period of ten years from the entry into force of this Protocol, the Assembly shall examine the operation of the system established by subparagraphs (a) to (d). Thereafter, the provisions of the said subparagraphs may be modified by a unanimous decision of the Assembly*Interpretative statement adopted by the Assembly of the Madrid Union: ‘‘Article 5(2)(e) of the Protocol is understood as allowing the Assembly to keep under review the operation of the system established by subparagraphs (a) to (d), it being also understood that any modification of those provisions shall require a unanimous decision of the Assembly.’’. +e) Upon the expiry of a period often years from the entry into force of this Protocol, the Assembly shall examine the operation of the system established by subparagraphs a) to d). Thereafter, the provisions of the said subparagraphs may be modified by a unanimous decision of the Assembly. **3.** The International Bureau shall, without delay, transmit one of the copies of the notification of refusal to the holder of the international registration. The said holder shall have the same remedies as if the mark had been deposited by him direct with the Office which has notified its refusal. Where the International Bureau has received information under paragraph 2c)(i), it shall, without delay, transmit the said information to the holder of the international registration. @@ -209,10 +209,9 @@ Where, in the event that the international registration is cancelled at the requ ### Artikel 9sexies -**1.** a) This Protocol alone shall be applicable as regards the mutual relations of States party to both this Protocol and the Madrid (Stockholm) Agreement. -b) Notwithstanding subparagraph (a), a declaration made under Article 5(2)(b), Article 5(2)(c) or Article 8(7) of this Protocol, by a State party to both this Protocol and the Madrid (Stockholm) Agreement, shall have no effect in the relations with another State party to both this Protocol and the Madrid (Stockholm) Agreement. +**1.** Where, with regard to given international application or a given international registration, the Office of origin is the Office of a State that is party to both this Protocol and the Madrid (Stockholm) Agreement, the provisions of this Protocol shall have no effect in the territory of any other State that is also party to both this Protocol and the Madrid (Stockholm) Agreement. -**2.** The Assembly shall, after the expiry of a period of three years from September 1, 2008, review the application of paragraph (1)(b) and may, at any time thereafter, either repeal it or restrict its scope, by a three-fourths majority. In the vote of the Assembly, only those States which are party to both the Madrid (Stockholm) Agreement and this Protocol shall have the right to participate. +**2.** The Assembly may, by a three-fourths majority, repeal paragraph 1), or restrict the scope of paragraph 1), after the expiry of a period of ten years from the entry into force of this Protocol, but not before the expiry of a period of five years from the date on which the majority of the countries party to the Madrid (Stockholm) Agreement have become party to this Protocol. In the vote of the Assembly, only those States which are party to both the said Agreement and this Protocol shall have the right to participate. ### Artikel 10