Common use of Acquisition and Maintenance of Intellectual Property Rights Clause in Contracts

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.