Acquisition and Maintenance of Intellectual Property Rights. Where the acquisition of an intellectual property right is subject to the right being granted or registered, the Parties shall ensure that the procedures for grant or registration are of the same level as that provided under the TRIPS Agreement, in particular Article 62.
Acquisition and Maintenance of Intellectual Property Rights. 1. Where the acquisition of an intellectual property right is subject to the right being granted or registered, each Party shall ensure that, irrespective of whether an application for the granting or registration of an intellectual property right is filed as a national or as an international application under the applicable international agreement, the procedures for granting or registration of the right, subject to compliance with the substantive conditions for acquisition of the right, are conducive to the granting or registration within a reasonable period of time so as to avoid unwarranted curtailment of the period of protection. 2. Each Party shall provide a system for the registration of trademarks, industrial designs and patents which shall include: (a) a requirement to provide to the applicant a communication in writing, which may be electronic, of the decision with reasons for a refusal of the application; (b) an opportunity for the applicant to appeal against administrative refusal; (c) an opportunity for the applicant to ask for judicial review of the final administrative refusal; and (d) an opportunity for interested parties: (i) to petition to oppose, if so provided in its laws and regulations, an application or a registration; and (ii) to seek cancellation or invalidation of the registration.
Acquisition and Maintenance of Intellectual Property Rights. 1. In relation to the substantive examination of applications for patents, applications for registrations of new plant varieties and trade marks, and applications for registrations, or registrations, of industrial designs, neither Party shall refuse an application or a registration without notifying the applicant in writing of the reasons for such refusal and giving the applicant at least one opportunity, prior to the decision of refusal, to make amendments to the application or the registration and submit their written opinions. Each Party shall ensure that, where the examined application or registration is refused, the applicant has an opportunity to appeal against the decision of refusal.
Acquisition and Maintenance of Intellectual Property Rights. Article 8 Where the acquisition of an intellectual property right is subject to the right being granted or registered, the Parties shall ensure that the procedures for grant or registration are of the same level as that provided in the TRIPS Agreement, in particular Article 62. TITLE IV
Acquisition and Maintenance of Intellectual Property Rights. Article 10
Acquisition and Maintenance of Intellectual Property Rights. Where the acquisition of an intellectual property right is subject to the right being granted or registered, the Parties shall ensure that the procedures for grant or registration are in accordance with the TRIPS Agreement, in particular Article 62 thereof. 3 The Parties note that Korea currently does not have such a compensation system.
Acquisition and Maintenance of Intellectual Property Rights. Where the acquisition of an intellectual property right is subject to the right being granted or registered, the Parties shall ensure that the procedures for grant or registration be non-discriminatory, fair and equitable. They shall not be unnecessarily complicated and costly, or entail unreasonable time limits or unwarranted delays.
