Common use of Recording of Merger of International Registrations Clause in Contracts

Recording of Merger of International Registrations. Where the same person becomes the holder of two or more international registrations resulting from a partial change in ownership, the registrations shall be merged at the request of the said person and paragraphs (1) to (6) shall apply mutatis mutandis. The international registration resulting from the merger shall bear the number of the international registration of which a part had been assigned or otherwise transferred, together, where applicable, with a capital letter. Rule 21bis‌ (1) [Declaration and Its Effect] The Office of a designated Contracting Party may declare that a change in ownership recorded in the International Register has no effect in the said Contracting Party. The effect of such a declaration shall be that, with respect to the said Contracting Party, the international registration concerned shall remain in the name of the transferor. (2) [Contents of the Declaration] The declaration referred to in paragraph (1) shall indicate (a) the reasons for which the change in ownership has no effect, (b) the corresponding essential provisions of the law, (c) where the declaration does not relate to all the industrial designs that are the subject of the change in ownership, those to which it relates, and (d) whether such declaration may be subject to review or appeal and, if so, the time limit, reasonable under the circumstances, for any request for review of, or appeal against, the declaration and the authority to which such request for review or appeal shall lie, with the indication, where applicable, that the request for review or the appeal has to be filed through the intermediary of a representative whose address is within the territory of the Contracting Party whose Office has pronounced the declaration. (3) [Period for Declaration] The declaration referred to in paragraph (1) shall be sent to the International Bureau within six months from the date of the publication of the said change in ownership or within the applicable refusal period in accordance with Article 12(2) of the 1999 Act or Article 8(1) of the 1960 Act, whichever expires later.

Recording of Merger of International Registrations. Where the same person becomes the holder of two or more international registrations resulting from a partial change in ownership, the registrations shall be merged at the request of the said person and paragraphs (1) to (6) shall apply mutatis mutandis. The international registration resulting from the merger shall bear the number of the international registration of which a part had been assigned or otherwise transferred, together, where applicable, with a capital letter. Rule 21bis‌ (1) [Declaration and Its Effect] The Office of a designated Contracting Party may declare that a change in ownership recorded in the International Register has no effect in the said Contracting Party. The effect of such a declaration shall be that, with respect to the said Contracting Party, the international registration concerned shall remain in the name of the transferor. (2) [Contents of the Declaration] The declaration referred to in paragraph (1) shall indicate (a) the reasons for which the change in ownership has no effect, (b) the corresponding essential provisions of the law, (c) where the declaration does not relate to all the industrial designs that are the subject of the change in ownership, those to which it relates, and (d) whether such declaration may be subject to review or appeal and, if so, the time limit, reasonable under the circumstances, for any request for review of, or appeal against, the declaration and the authority to which such request for review or appeal shall lie, with the indication, where applicable, that the request for review or the appeal has to be filed through the intermediary of a representative whose address is within the territory of the Contracting Party whose Office has pronounced the declaration. (3) [Period for Declaration] The declaration referred to in paragraph (1) shall be sent to the International Bureau within six months from the date of the publication of the said change in ownership or within the applicable refusal period in accordance with Article 12(2) of the 1999 Act or Article 8(1) of the 1960 Act, whichever expires later. (4) [Recording and Notification of the Declaration; Consequential Modification of the International Register] The International Bureau shall record in the International Register any declaration made in accordance with paragraph (3) and shall modify the International Register, whereby that part of the international registration which has been the subject of the said declaration shall be recorded as a separate international registration in the name of the previous holder (transferor). The International Bureau shall notify accordingly the previous holder (transferor) and the new holder (transferee). (5) [Withdrawal of Declaration] Any declaration made in accordance with paragraph (3) may be withdrawn, in part or in whole. The withdrawal of declaration shall be notified to the International Bureau which shall record it in the International Register. The International Bureau shall modify the International Register accordingly, and shall notify accordingly the previous holder (transferor) and the new holder (transferee). Rule 22‌‌ (1) [Correction] Where the International Bureau, acting ex officio or at the request of the holder, considers that there is an error concerning an international registration in the International Register, it shall modify the Register and inform the holder accordingly. (2) [Refusal of Effects of Correction] The Office of any designated Contracting Party shall have the right to declare in a notification to the International Bureau that it refuses to recognize the effects of the correction. Rules 18 to 19 shall apply mutatis mutandis. CHAPTER 5 RENEWALS‌‌ Rule 23 Unofficial Notice of Expiry‌‌ Six months before the expiry of a five-year term, the International Bureau shall send to the holder and the representative, if any, a notice indicating the date of expiry of the international registration. The fact that the said notice is not received shall not constitute an excuse for failure to comply with any time limit under Rule 24. (1) [Fees] (a) The international registration shall be renewed upon payment of the following fees: (i) a basic fee; (ii) a standard designation fee in respect of each Contracting Party designated under the 1999 Act that has not made a declaration under Article 7(2) of the 1999 Act, and each Contracting Party designated under the 1960 Act, for which the international registration is to be renewed; (iii) an individual designation fee for each Contracting Party designated under the 1999 Act that has made a declaration under Article 7(2) of the 1999 Act and for which the international registration is to be renewed.