Common use of Statement of Grant of Protection Where Clause in Contracts

Statement of Grant of Protection Where. No Notification of Refusal Has Been Communicated] (a) An Office which has not communicated a notification of refusal may, within the period applicable under Rule 18(1)(a) or (b), send to the International Bureau a statement to the effect that protection is granted to the industrial designs, or some of the industrial designs, as the case may be, that are the subject of the international registration in the Contracting Party concerned, it being understood that, where Rule 12(3) applies, the grant of protection will be subject to the payment of the second part of the individual designation fee. (b) The statement shall indicate (i) the Office making the statement, (ii) the number of the international registration, (iii) where the statement does not relate to all the industrial designs that are the subject of the international registration, those to which it relates, (iv) the date on which the international registration produced or shall produce the effect as a grant of protection under the applicable law, and (v) the date of the statement. (c) Where the international registration was amended in a procedure before the Office, the statement shall also contain or indicate all amendments. (d) Notwithstanding subparagraph (a), where Rule 18(1)(c)(i) or (ii) applies, as the case may be, or where protection is granted to the industrial designs following amendments in a procedure before the Office, the said Office must send to the International Bureau the statement referred to in subparagraph (a). (e) The applicable period referred to in subparagraph (a) shall be the period allowed pursuant to Rule 18(1)(c)(i) or (ii), as the case may be, to produce the effect as a grant of protection under the applicable law, with respect to a designation of a Contracting Party having made a declaration under either of the aforementioned Rules.