Common use of Prior Use Clause in Contracts

Prior Use. (1) [Phasing Out of Prior Use] (a) Where a denomination constituting a registered appellation of origin, or an indication constituting a registered geographical indication, was, prior to the date of the international registration, in use in a Contracting Party by a third party and is not safeguarded under Article 13, that Contracting Party may, when it does not refuse the protection of the appellation of origin or geographical indication, grant to the third party a defined period, as specified in the Regulations, to terminate such use. (b) Where a Contracting Party has refused the effects of an international registration under Article 15 on the ground of prior use as referred to in subparagraph (a), it may similarly grant to the third party a defined period to terminate such use in case it decides to withdraw the refusal under Article 16 or notify a grant of protection under Article 18. (c) The Contracting Party shall notify the International Bureau of any such period, in accordance with the procedures specified in the Regulations. (2) [Coexistence] Where a Contracting Party that has refused the effects of an international registration under Article 15 on the ground of use under a prior right, as referred to in Article 13, notifies the withdrawal of that refusal under Article 16 or a grant of protection under Article 18, the resulting protection of the appellation of origin or geographical indication shall not prejudice the prior right or its use, unless the protection was granted following the cancellation, non-renewal, revocation or invalidation of the prior right7.

Prior Use. (1) [Phasing Out of Prior Use] (a) Where a denomination constituting a registered appellation of origin, or an indication constituting a registered geographical indication, was, prior to the date of the international registration, in use in a Contracting Party by a third party and is not safeguarded under Article 13, that Contracting Party may, when it does not refuse the protection of the appellation of origin or geographical indication, grant to the third party a defined period, as specified in the Regulations, to terminate such use. (b) Where a Contracting Party has refused the effects of an international registration under Article 15 on the ground of prior use as referred to in subparagraph (a), it may similarly grant to the third party a defined period to terminate such use in case it decides to withdraw the refusal under Article 16 or notify a grant of protection under Article 18. (c) The Contracting Party shall notify the International Bureau of any such period, in accordance with the procedures specified in the Regulations.] (2) [Coexistence] Where a Contracting Party that has refused the effects of an international registration under Article 15 on the ground of use under a [prior right], as referred to in Article 13, notifies the withdrawal of that refusal under Article 16 or a grant of protection under Article 18, the resulting protection of the appellation of origin or geographical indication shall not prejudice the [prior right right] or its use, unless the protection was granted following the cancellation, non-renewal, revocation or invalidation of the [prior right7.right].4

Prior Use. (1) [Phasing Out of Prior Use] (a) Where a denomination constituting a registered appellation of origin, or an indication constituting a registered geographical indication, was, prior to the date of the international registration, in use in a Contracting Party by a third party and is not safeguarded under Article 13, that Contracting Party may, when it does not refuse the protection of the appellation of origin or geographical indication, grant to the third party a defined period, as specified in the Regulations, to terminate such use. (b) Where a Contracting Party has refused the effects of an international registration under Article 15 on the ground of prior use as referred to in subparagraph (a), it may similarly grant to the third party a defined period to terminate such use in case it decides to withdraw the refusal under Article 16 or notify a grant of protection under Article 18. (c) The Contracting Party shall notify the International Bureau of any such period, in accordance with the procedures specified in the Regulations.] (2) [Coexistence] Where a Contracting Party that has refused the effects of an international registration under Article 15 on the ground of use under a [prior right], as referred to in Article 13, notifies the withdrawal of that refusal under Article 16 or a grant of protection under Article 18, the resulting protection of the appellation of origin or geographical indication shall not prejudice the [prior right right] or its use, unless the protection was granted following the cancellation, non-renewal, revocation or invalidation of the [prior right7.right].0