Sub Sub - - Regional Regional Seminar Seminar on the Protection of Design on the Protection of Design Organized Organized by by the World the World Intellectual Intellectual Property Property Organization Organization (WIPO) (WIPO) in in cooperation cooperation with with the the Intellectual Intellectual Property Property Office of Office of Serbia Serbia Belgrade, Belgrade, June June 27 and 28, 2011 27 and 28, 2011 Päivi Lähdesmäki, Head, Legal Section International Designs Registry
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SubSub--RegionalRegional SeminarSeminar on the Protection of Designon the Protection of Design
OrganizedOrganized byby
the World the World IntellectualIntellectual PropertyProperty OrganizationOrganization (WIPO) (WIPO)
in in cooperationcooperation withwith
the the IntellectualIntellectual PropertyProperty Office of Office of SerbiaSerbia
Belgrade, Belgrade, JuneJune 27 and 28, 201127 and 28, 2011
Päivi Lähdesmäki, Head, Legal Section
International Designs Registry
The International Protection of Designs
Contents:
Role of the International Bureau
Role of the Office of a Designated Contracting Party
Central management of the International Registration
Role of the International Bureau
● Formal examination (are the formal requirements met?)
● Registration and recording in the International Register
● Translation and Publication in the International Designs Bulletin
● “Notification” to Designated Contracting Parties
(through the publication of the Bulletin on WIPO website)
Effects of the international registration at this stage
● Same effect as a regularly filed national application in all
Designated Contracting Parties
Role of the International Bureau (cont.)
Substantive grounds, such as novelty, not considered by the
International Bureau
Registration certificate sent to holder
Publication in WIPO International Designs Bulletin
Immediate publication at applicant’s request
Deferred publication and payment of related fees at applicant’s
request
General rule: « Default » publication (six months from the IR
date)
Refusal period in respect of all the designated
Contracting Parties starts from the publication
date.
Acceptable ReproductionsAcceptable Reproductions
Role of the Office of
a Designated Contracting Party
Substantive examination, if any, undertaken by the Office of a designated Contracting Party as provided by its national law
Refusal must be sent to the IB within the set time limits from the date of publication of the international registration
Holder has same remedies as would have been available if filed as a national application
If not refused, or if refusal withdrawn, the IR produces the same effect as a grant of protection under the national law
substantive substantive
examinationexamination
““refusalrefusal””
““withdrawalwithdrawal”” ??
Local agentLocal agent
RefusalRefusal: : MechanismMechanism
HolderHolder
InternationalInternational
BureauBureauOffice of aOffice of a
designateddesignated CPCP
Central Management of
the International Registration
ONE request filed within the International Bureau in