An Office which has issued a notification of refusal may withdraw the said notification, following, in particular, the lodging of an appeal by the holder. The notification of withdrawal of refusal must relate to only one international registration, but may relate only to one or some of the designs in the international registration to which the refusal applied. It must also be dated and signed by the Office concerned.
99 Article 12(4); Rule 18(4)(a)
A notification of withdrawal of refusal must contain the following information and indications:
Where the international registration was amended in a procedure before the Office, the notification shall also contain or indicate either all the amended elements or the whole information concerning the designs as amended, at the discretion of the Office. This information could be provided in the language in which the Office detained it, even if it were a language other than the working language used for the notification of withdrawal of refusal.
Where a designated Contracting Party has made a declaration under Article 7(2) of the 1999 Act, concerning the individual designation fee to be paid in two parts, the effect as grant of protection is subject to the payment of the second part of the individual designation fee (refer to "Individual designation fee payable in two parts (applicable only to the designation of Mexico and the United States of America)"). Accordingly, a notification of withdrawal of refusal will be sent once the second part of the individual designation fee is paid.
A withdrawal of refusal by an Office that has communicated a notification of refusal may also take the form of a statement to the effect that the Office concerned has decided to grant protection to the designs, or some of the designs, as the case may be, that are the subject of the international registration.
A statement of grant of protection following a refusal must contain the following information and indications:
Where a designated Contracting Party has made a declaration under Article 7(2) of the 1999 Act, concerning the individual designation fee to be paid in two parts, the effect as grant of protection is subject to the payment of the second part of the individual designation fee (refer to "Individual designation fee payable in two parts (applicable only to the designation of Mexico and the United States of America)"). Accordingly, a statement of grant of protection will be sent once the second part of the individual designation fee is paid.
The Office of a designated Contracting Party which has not communicated a notification of refusal may, within the applicable refusal period, send to the International Bureau a statement to the effect that protection is granted to the designs or some of the designs, as the case may be, that are the subject of the international registration in the Contracting Party concerned.
Where a designated Contracting Party has made a declaration under Article 7(2) of the 1999 Act, concerning the individual designation fee to be paid in two parts, the effect as grant of protection is subject to the payment of the second part of the individual designation fee (refer to "Individual designation fee payable in two parts (applicable only to the designation of Mexico and the United States of America)"). Accordingly, a statement of grant of protection will be sent once the second part of the individual designation fee is paid.
In general, no legal consequences result from the fact that such a statement of grant of protection has not been sent by an Office. It remains the case that the designs that are the subject of the international registration are protected if no notification of refusal has been sent within the applicable refusal period.
However, where a Contracting Party has made a declaration under Rule 18(1)(b) covering situations under Rule 18(1)(c)(i) or (ii), and either of them applies, and where protection is granted following amendments in the procedure before an Office, the sending of a statement of grant of protection is mandatory (refer to “Extension of period for notification of refusal (Rule 18(1)(b))”).
A statement of grant of protection where no notification of refusal has been communicated must contain the following information and indications:
The International Bureau records any withdrawal of refusal or statement of grant of protection in the International Register, informs the holder accordingly and, where the withdrawal or statement was communicated, or can be reproduced, in the form of a specific document, transmits a copy of that document to the holder. The recording of any withdrawal or statement is published in the Bulletin and a pdf copy of the document is made publicly available in the Bulletin alongside the publication.