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Statutory lnstrument No. 78of 1997
INDUSTRIAl PROPERTY ACT, 1997 (No. 14 of 1996)
THE INDUSTRL~LPROPERTY REGULATIONS~ 1997 tPublished on 26th August, 1997)
ARRA.NGEI'vlENT OF REGLTLATIONS
PART I -s-Preìiminary
REGùLATION L Citation 2. Interpretation
PART II - Applications arui Procedure for Gran! 01Patent
3. Classification of patents 4. Request far grani of patent 5. Description 6. Claims 7. Drawings 8. Abstract 9. Measures, terrninology and signs
lO. Number of copies and physical requirements IL Unity of invention 12. Division of application 13. Disclosures LO be disregarded for prior art purposes 14. Declaration of priority and translation of earlier application 15. Tirne for furnishing information on Ioreign applications and other titles of protcction 16. Withdrawal and arnendrnent of application 17. Marking application 18. Accordinz and notifvinz filin rr date. 19. Examination as te form'- '-' 20. Exarnination as io substance: decision ro zrant or rcfuse natcnt 21. Novelty and in....entive exarnination '- ~ '1'1 Graru of paten l, publication of rcfercnce and inssuance ci certificate.-4.... 'Ì'".:». Annual fees and lapse of patcnt 24. Exploitation of patented invention 25. Compulsory licences 26. Invalidation
PART III - U(Jiti., Mode! Certificate
27. Application of prcvisions relating ro patents: conversion of application
PART IV - Industrial Designs
28. Application of provisions rclating ro paterus 29. Application for registration of an industria! desigris 30. Nurnber and size of represcruations and specirnen 31. Acccrding and nctifying filirig date: examination: decision to gran: or refuse application
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2/45 32. Registration of industriai designs: publicaticn of retcrence thereto: inssuance of
"certificate . 33. Renewal of registration
P,~.RT V - Marks
34. Classificaticn of rnarks 35. Application for registration of a rnark 36. Reproduction of the rnark 37. Transliterauon and translation of the rnark 38. Declaration of priority and translation of earlier application 39. Copy of earlier application 40. Withdrawal of application 41. Marking applicarion and filing date 42. Objection to or conditional acceptance of application: hearing 43. Refusal of application or conditional acceptance to which applicant objects 44. Acceptance of application: publication: supply of printing block 45. Opposition 46. Registration of rnark: publication of reference: inssuance of certificate 47. Renewal of registration 48. Collective marks 49. Invalidation: rernoval on the ground or' non-lise
PART VI - Generai
50. Changes in ownership: licence contracts 51. Appointrnent of agent: address for service 52. Excluded days 53. Consultation of registers: request for ex tracts and copies of docurnents 54. Correction or errors 55. Hearing 56. Service by rnail 57. Transitional provisions
SCHEDù1.,ES
IN EXERCrSE of the powers contained in section 78 of Industria] Property Act! 1996 the Minister or Commerce and Industry, hereby makes me following Regulations
PART I - Preliminary
Citation 1. These Regulations rnay be cited as the Industriai Property Regulaiions. 1997 and shall be deerned to nave come inca operaticn OD the 27th August. 1997.
Iruerpretaucn 2.(1) Unless the context otherwise requircs "abstract" means a concise surnrnary 'of the technical disclosure of a patent
dccurnent enabling a reader to quickly ascertain the subject rnatter covered:
:\0. l~ of 19% "AcL" rneans the Industriai Property Act, 1996; "claim means a part of a patcnt docurnent which defines the rnauer for which
protection is sought:
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includes a brief surnrnarv of me technical backzround of the.invention and describes the essential fcatures of the invention with reference to the accompanying drawings:
"drawings" rneans the aie neccessary for the understanding of me invention: "section" rneans a section of the Act,
PART II - Appìicailons and Procedure for Grani ofPatents
3. Forpurposes relating to me gran t and publication of patents, as well as for the rnaintenance of classified search filcs the Registrar shall apply the Interna don Patent Classification, as adopted under the Strasbourg Agreement of March 24, 1971 , and updated in its subsequent editions.
4. (l) The application for the grane of a patent shall be rnade on Form l and shall be signed by each applican t.
(2) Where the applicant is rhe inventar. the application shall contain a staternent to that etfect, and, where he is not. it shall indicate each inventor's narne and address and be accornpanied by the staternent justifying me applicant's right to the patent,
(3) If the applicant is represented by an agent, the agent's name end address shall be indicated in the application formo
(4) The title of the invention shall be short and precise, containing nel less than two nor more than seven words.
5. (1) The description shall first state the utle of the invemion as appearing in the application and .shall -
Ca) specify the technical field to which the invention relates; (b) indicate the background art which, as far as known lo the applicant.
can be regarded as useful for the understanding, searching and examination of the invention, and. where necessary. eire me docurnents reflcctinz such art:
Cc) disclose the invention in such terrns that it C'an be understocd and state its advantageous cffects. if any. with reference to me background art;
(d:. briefly describe the figures in the dra wings, i f any: (e) set forth, in terrns cf cxarnples and with reference to drawings. wnere
appropriate. ai lcast one mode coruernplated by the applicant for carrying ou t me invention:
(j) indicate explicitly. when ìt is not obvious from the description or nature of the inve ntion. the way in \vhich the inve-nuon is in dusu-i.::tlly applicabk and the W3.'j in which il can be made 2nd used. or, if itcan onl1' be used, the way in which it can be used.
(2) The rnanncr and arder specificò in paragraph (l) shall be fOnDwed ~XCèpt when, because of lhe nuturc 01' the iovention. :3 dlfferenr m;H1iiçr or a different order would resule in d better unùersr.anding and a more concise prese nLation.
6. (1) The number or' che clairns shall be re;lsonable t.aking into ~CCCL:~ ( ~he nature of the invention and wherc thcrc are several claims. the)' shall be numbered consecutively in .A.rabic numerals.
(:2) The claims shall define (ne invenlion in terms or' the technic J features of the invention.
Classification of Parents
Appiication for grant of Patent
Description
Clairr.s
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Drawing
(3) Whenever appropriate. clairns shall contain (a) a staternent indicating those technical teaturcs of the inveruion which
are necessary for me definition of the latter but which, in cornbination. . are part of the prior art: and .
(b) a characterizing portion-preceded by the words "characterized in that," "characterized by." "wherein the improvernent cornprises," or any other words to the sarne effect stating concisely the technical features which, in cornbination w.ilh the features stated under (a), it is desired to protect,
(4) Clairns shall noto except where absolutely necessary, rely on references to me description or drawings in respect cf the technical fearures of the invention: in particular, they shall not rely on such references stating "as described in part...of the description," or "as illustrated in figures ... of thc drawings,H.
(5) Where the application contains drawings, the technical features men tioned in the clairns shaìl, where necessary, be followed by the reference signs relating to such features: when used. me refererice signs shall be placed between parentheses: if inclusion of reference signs dces not particularly facilitate quìcker understanding of a clairn. it should not be made,
(6) Any claim subrnitted after the filing dare of the application and which is not identified with the clairns previously appearing in the applicatìon shall, at me choice of the applicane be subrnitted either 35 an arnended clairn or as a new claim,
(7) The deletion of any clairn previously appearing in the application shall be rnade by indicaring the nurnber of the previous clairn followed by the word "cancelled."
7. (1) Drawings forming part of an application for a patent shall- Ci) be on sheets the usable surface area of which shall not exceed :26.1
cm by 17 cm: (ii) be on sheets not coruaining frarnes round the usable or used
surface: and (iii) have rninirnurn rnargins as folIo\vs
top 2.5 cm left side 2.5 cm right side 1.5 cm bottom 1.0 cm
(2) Drawings shall be executed as follows: (a) without colouring in durable, black sufficieruly dense and dark, uni
forrnly thick and well-defined lines and strokes to permit satisfactory reproduction:
(b) cross-sections shall be indicated by hatching which does not irnpede the clear reading of the reference signs and leading lines:
Cc) me scale of the dnnvìngs 3.nà the distÌnctncss of their graphical èxecution shalI be such lhat a photographic reproduction with a Iinear reduction in size to two-third would enablc alI demils lO be distin guished without difficulty. and '.vhere. as Jn cxception. the scale is given on a drawing il shall be repres-:::1ted graphically;
Cd) alI numbers. Ietters and reference signsappearir.g in the drawings shall be simple and clear and bracket's. circles and invencd commas 5 hall not be used in association \vith num~rs and letters:
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5/45 Ce) elernents of the sarne figure shall be in proportion to each other, unless
a difference in proportion is indispensable for the clarity of the figure; (/) the heizm of the nurnbers and leners shall nOL be less than 0.32 cm and
for thelettering of drawings, the Latin and, where customary, the Greek alphabets shall be used:
(g) the sarne sheet of drawings rnay contain several figures and where figures drawn on tWQ or more sheets 3.fe intended to forrn one whole figure -
Ci) the figures 00 the several sheets shall be arranged so that the whole figure can be assernbled without concealing any part of the partial figures:
(ii) me different figures shall be arranged without wasting space, clearly separated frorn one another: and
(iii) the different figures shall be numbered consecutively in Arabic nurnerals. independently of the nurnbering of the sheets:
(h) reference signs not mentioned in the description or claims shall not appear in the drawings, and vice versa and the sarne features, when denoted by reference signs, shall, throughout me application, be denoted by the same signs:
Ci) the drawings shall Dar contain textual matter, except, when required for the understanding of the drawings, a single word or words such as "water", "steam", "operi", "closed", "section on AA" and in the case of electric cricuits and block schernatic or flow sheet diagrarns, a few short catch words: and
(j) the sheets of the drawings shall be numbered in accordance with regulation 16(9) below.
(3) Flow sheets and diagrarns are, for me purposes of these Regulations. considered drawings,
8. (l) The abstract shall be so drafted tha: ir can efficiently serve as a scanning tool far purposes of searching in the particular art.
(2) The abstract shall consist of the followiriz (a) a surnmary of thedisclosure as contained in the description, theclaims
and any drawings, indicating the techn ical field to which the invention pertains and drafted in a way which allows the clear understanding of the technical problem, the gist af the solution of that problem through che invention and the principal lise or uses of L'"le invention; and
Cb) 'where applicable, the chemical formula which. among all the formulae eontained in the appllcation, best characterizes the invention.
(3) The abstract shall be as concise as che disc losure pem1i ts. containing not less than 50 nor more than 150 \vords.
(4) The aostracr shall nOl contain st2.ternents on the presumed merits or vaille of the invention or on ics speculative application.
(5) Each main technicaI feàture men(ionèd in the abstract and illustrated by a drawing in the application shall be followed by a rcfercnce sign. placed between pJ..f:::ntheses.
(6) The 2.0stracL shaB be accompanied by the most illustrative of the drawings fumished by Ùìe applicant. .
9. (1) Units of weights and measures sh311 be expressed in tenns or the metric system.
Abstract
\1e~$Ures.
terminolog) and signs
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:\umbe:, of copies and physicai re quirernents
Cnì~y or invemien
(2) Ternperatures shall be expressed in degrees centigrade (Celsius). (3) Density shall be expressed in rnetric units. (4) For indications of heat. cncrgy, light, sound, and magnetismo as weU as
for mathemaucal formulae and electrical units. rules in 'generai lise shall be observed: for chernical formulae. the syrnbols. atcrnic weights. and rnolecular formulae, in generai use, shall be ernployed.
(5) In general, only such technical terms, signs and syrnbols should be used as are generally accepted in the .art,
(6) The terminology and the signs shall be consistent throughout the application,
lO. (l) Subject to regulation 14(7), three copies, or such nurnber as the Registrar may require, of the application and any accornpanying staternents or documents shall be filed.
(2) AlI elernents of the application shall be so presented as to enable direct reproduction by photography, electrosiatic processes, photo offset and rnicro filming.
(3) Only one side of each sheet contained in the applicatìon shall be uscd. (4) AlI elements of the application shall be on paper which is flexible,
strong, white, srnooth, non-shiny and durable. (5) The size of the sheets shall be A4 (29. i cm x 21 cm), or such other size
as the Registrar rnay deterrnine. (6) The rninirnurn margins of sheets shall be as follows:
O) upper rnargin of each page, except the first page: 20 rnrn: (ii) upper rnargin of the first page: 30 mrn:
(iii) side margin adjacent to the binding: 25 mrn: (iv) other side margin: 20 mrn: and (v) bouorn margin: 20 mrn.
(7) All sheets shall be numbercd al thc top of the shect, in the middle, in consecutive Arabic nurnerals.
(8) In effccting the sequcntial nurnbering of the sheets. the elernents of the application shall be placed in the following order: the request, the description, the claims, the abstract, the drawings,
(9) The sequential numbering of the shcets shall be effected by using three separate series of nurnbering, the first series appliying to the application only and commencing with me firsr shcet of the application, the second series . commencing with the first sheet of the description and continuing through the claims unti! the last shcet of the abstracr, and thc third series being applic:lble to Lt,e sheets of the drav"rÌngs only nnd commencing with the first sheet of the dnl\vings.
(lO) The text matter of the 3pplicJtion shall bè typed, except for the graphic symbols, chemic,31 or mathcm3ticaI formulae 2nd certain characters whìch may be handwritten or drawn.
(Il) Drawings shaH be exceuted in durable, black, sufficientiy dense and dark! uniformly thick and well-defined lines anò strokèS \vithout colouring.
11. (1) Section 15(1) shall be construcd as permitting, in particular. one or the following three possibilitics:
(a) in addition to an indcpendent claim for a gìven prcxluct. we inclusion in the S3Jne application ol'an. indepenèentclaim for a process specialIy adapeed for thc manutacturc ofthe .-;aid produce and the inclusion in thç same application of an indcpc:ndcnt c!:::im l'or 3 use of the said product:
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(b) in addìtìon to an independent claim ror a given process, the inciusion in the sarne application of an indcpendent clairn for an apparatus or means specifically designed for carrying out the said process: or .
(c) in addition to an independent claim for a given produci, me inclusion in the sarne application of an independent clairn for a process specially adapted Ior the rnanufacture of the product, and the inclusion in the same application of an independent clairn for an apparatus or rneans specifically designed for carrying out the processo
(2) Subject to section 15(1 \ it shall be perrnitted to include in me sarne appìicatìon t\VO or more independent clairns of the same category which cannot readily be covered by a single generic claim,
(3) Subject to section 15(1), it shall be 'permiued to include in the sarne applìcation a reasonablenurnberof dependent clairns, claiming specific forrns of the invention clairned in an independent clairn.
12. (1) A divisional application shall contain a reference to the initial application.
(2) If the applicant wishes a divisional application to benefit frorn any priority clairned for the intial application, the divisional application must contain a req uest to that effect, and in such a case, the declaration of priority and the docurnents fumished in accordance with regulation 20 for the initial application shall be deemed to relate also to the divisional application.
(3) Where theprioritiesof two or moreearlier applications wereclairned for the initial application, a divisional application may benefit only from me priority or priorities that are applicabìe to it.
13. (1) An applicant who wishes a disclosure of the invention to be disregarded, in accordance with section 8(4) Cb), for prior art purposes, rnay so indicate on the application, or at a later date, and, in that case, shall furnish, in writing, within one month from such indication, full particuìars of the disclo sure.
(2) Where the disclosure was made at an exhibition. the applicant shall file. within Ù1e said period of one rnonth, a duly authenticated certificate issued by the authority responsible for the exhibition containing particulars of me exhibition and stating that the invention was in fact exhìbited there.
14. (1) The declaration referred to in section 18(1), shall !J.e made at me time of filing me application for the patent and shall indicate:
(a) the cbte of filing of the earlier applic3cion; (b) the number of the earlier applica.tion, subject to sub-reg-ulauon (2)~ Cc) the symbolof the Intemational Patent Classification which has been,'
aIlocHeD to the earlier application, subject to sub~regu1ation (3); (a) the country in which the earlier applìcation "vas tìIed Of, \vhere me
e3IIier 2pplication is a rcgional or an intem::Hionai appiication. me counLry or countries far \vhich it was filed;
(e) where the earlìer appiication is a region(11 or 2.n intemational appli::::ation, me office '.v1th which il \Vas filcd.
(2) \\"here at t.he lime of filing the dee laraLion referred to in 5ub-regulctlon (1) the number of the earlier application is not knov..,'n, th.::n n:.:mbèr shall be furnished within the p<:riod of 16 months afttr the priority date.
(3) \Vhere a symbol of the Intemational P;1tentClassification has Dor been alloc3ted LO the e:J.rlier application, or h:.1d Dor yet been alloc3tej 3l tLle time of filing the d;:claration referred lO in sub-rcguIJ.Lion (l). the applic:a.'ìt shal1 state this f3et in tne said decl::rJ.tic,r: 2nè shaU coml"nU:llc8tè sud: sY2xl2."s SCo-Jr1 es
.Division of application
Disclosures to be disregarded io: prior art purposes
Dec1aration oi prioriry and translation of earlier applic.ition
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(4) The applicant rnay, ar any tirne bcfore the grant of the patcnt, arncnd me contents of the deciaration referred LO in sub-rcgulation (1) hereof.
(5) The period far fumishing the certified copy of the eartier application. referred to in section 18(:2), shall be three rnonths [rom the date of filing the application, and where a copy has already been furnished for another applica tion, the applicant rnay respond by making a reference LO that other application.
(6) Where the earlier application is in a language other than English, the applicant shall, within six months from the date of the aforementioned request, furnish an English translation of the earlier application.
(7) Unless the Registrar requcsts otherwise, the earlier application and any translation thereof shall be filed in une copy.
Tirne for 15. (1) Subject to L1e discretion of the Registrar, upon the receipt of a :furnishing reasoned request, to extend the lime lirnit far furnishing inforrnation requested inforrnation under section 20, the tirne limits to be specified l'or furnishing the inforrnation on foreign
shall notbe less than two nor more than six months from thedate sucharequestappl icarions and other ìs made. titles of (2) Where the applicant informs the Registrar that the documents requested protection under section 20 are not yet available, the Registrar rnay suspend the procedure
for the exarnination of the application until such tirne as the documents are furnished.
Withcra wal 16. (l) The application shall be withdrawn by written declaration subrnitted and arnend la the Registrar and signed by each applicant, ment cf (2) The application ree shall not be refunded ifthe application ls withdrawn. appl ication
(3) Any arnendrnent pursuant te section 14(1), shall be rnade together with the payrnent of the prescribed fee.
Marking 17. (l) Upon receipt, the Registrar shall mark, on each document making up application the application, the actual date of receipt and the application nurnberconsisting
of the letters B\V, slant. the leuer a, slant, the last two numbers of the year in which che initial papers were received, slam. and a five-digit number al10tted in the sequential arder in which applic3uons are received and where any corrections or other later filed documents are received on different dates, u1è Registrar shall also mark mei! actual date Df :-eceipt in ilie appropriate plaéc of the applic3.tion for grant of the patent.
(2) The application number allotted under sub-reguIation (1) 5ha 11 be quoted in alI subsequent communications conceming the the application.
;\ccording 18. (1) The Registrar shalf examine whether the application fulfills the and notifying requirements of section 21(1). filìng d3te (2) The request under secrion 21(2) shallspecify the information, correc
tion or correctìons requircd and require that these be fikd within t\vo mont~s from the date of the request. together with thc payment of the prescribcd Cee..
(3) Once the Registrar accords a filìng dale, he shall natify the applic~nl in writing and where me application i5 treated as if it had not bèen filed, 3$ mayt be required under Section21 (3), the Registrar shall notify thè applicant in writing, specifying the re..:1sons.
Examin.1tion 19. (l) In addition to the requirl2me:1ts of section 13(1) and (2) :md thc 35 lO form Regulations peftaining thereto, the reqìremenls of sectioi1 20 and 72 and
regulation.s 9, 10 'lnd 51 to the extc:'nt Jpplic.1bl,;, shall be considcrcd forill;)l requirement5 far me purposes.
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(2) Where the Registrar finds that theconditions referred la insection 22(1) are not fulfilled. he shall require the applicant, in writing, te file me required correction within two months of the date of his comrnunique, together with the payrnent of the prescribed fee and where no abstract is provided, theRegistrar shall require the applicant to correct che deficiency either by providing an abstract or by paying the prescribed fee for the preparation of ihe abstract by the Registrar hirnself.
(3) If me applicant does Dar comply with the requirernent to corree! a deficiency, or where, despite the corrections submiued by the appiicant, the Registrar is of tne opinion that the conditions referred to in section J.2( l) are not fulfilled, he shall reject the application and notify the applicant, in writing, stating the reasons.
(4) Refusal of me applicaticn shall not affect us filing date which shall rernain valido
20. (1) For purposes of the examination under section 22 (2). me Registrar may, subject to the payment of the prescribed search and exarnination fee, transrnit the application together with all relevant documents, to an exarnining authority which hasconcluded an arrangernent to this effect with che Registrar, requesting a search and exarnination report.
(2) Where, taking due account of the conclusions of the search andexarni nation report referred to in sub-regulation (1), if any, the Registrar is of the opinìon, subject to regulation 21 ~ that the condi tions referred io in section22(2) are nOL fulfiIled , he shall notify the applicant, in writing, inviting hirn. severa! tirnes if necessary, te submit his observations and, where applicable. to amend or divide his application, within a specified period, and such specified period shaU not be less than two nor more than six rnon Ù1S from the date of the invitation.
(3) The invitation shall be made OD Farro NO.2 and it may be rnade several times, where necessary,
(4) A prescribed fee shall be paid for any amendrnent made under sub regulation (2).
(5) \Vhere che applicant does nor respond [O the said invitation or where. despite any observation, arnendment or division subrni tted by theapplicant, the Registrar, taking dueaccount of the conclusions of [he search andexam inalion report referred to in sub-regulation (1), if any, is of tÌìe opinion. subject to regulation 21. that the conditions referred to in section 22 (1) and (2) J.re nOl fulfilled, he shall refuse to gran t the paten t.
(6) \Vhere two or more applìcations for gr3.nt of a pntent for the same inventioD, having the same filing or, where applicable, che same priority date, are filed by the same applicant. the Registrar may, on that ground, refuse to grant a patent in pursuance of more than one of the applications.
(ì) \Vherc the Registrar, taking due account of the conclusions of ehe scarc:h and examination report referred lO in sub-regulation (1), if any. ìs of the opinioD, subject lO regulation 19, that the conditions referred te ìn section 22 (1) and (2) are fulfiled, he shal1 grant the paten t.
(8) The Registrar shal1 notify the applicane in writing. of hls decisìon to gr3.nt or to refuse to grane a patent, att3ching a cOPY of the se3Ich and examination reparto if an)', upon ,,\"hich the dee ision is based anò, ìn thç case of a decision to grane a patent, req uesting the appl icant lO pay the grant and publication fee within three months [rom lhe date of che notification.
Exarnination asto substance: decision to grant or refuse patent
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10/45 Ncvelty and inventive step exarnination
Grant of patenti publication cf reference and issuance oi certificate
Annual ftes ané (arSe. of patemt
Exp!oitatlon of ~1t~n~~d ÌnIlerltton
21. In accordance with section 22(]) the examination shaf cover the requirernents of the noveity and inv~nth'e step undcr section 8(5) and (6) in respect of all categories of inventions,
22. (1) Subject to the payrnent of me grant and publication f'ee within che period prcscribed in regulation ~O(8ì, the Registrar shall grant the patent in acccrdance with section 23(2) and thìs regulation.
(1) the Registrar shall allot to each patent grantcd. il publication nurnber of the patent in the sequential arder of gran t.
(3)The patent shall be granted on Form No.3 and shall contain, in addition te the inforrnation indicated in sub-regulation (5)1 the date of publicatiori of the patent, the docurnents or references cited of the prior art. the description, the claims and the drawinzs. if anv.
(4) The patent shaU be de~med to be granted on tbe date the Registrar publishes a reference to the gran: in accordance with section 23(2)(c).
(5) The publication of the reference re the grant of me patent shall include: (i) the number of the patent;
(ii) the narne and address of me owner of the patent (iii) the name and address of the inveruor.except where he has asked
not to be named in che patent: (iv) the name and address of the agent, if any: Cv) the filing date;
(vi) if priority has been claimed and the clairn has been accepted, a refererice to the declaration of priority, the priority date and the narne of thecountrv or countries in which or for which the earlier application was filed:
(vii) the effective date of grant of the patcnt; (viii) the title of the invention:
(ix) the abstract: (x) the most illustrati ve of the drawings. if any: and (xi) the syrnbol of the Intemational Patem Classification.
(6) The certificate of grane shall be issued 00 Form No.4, shall be sigried by the Registrar and shall contain
- (i) the nurnber of thc patcnt: (ii) the narne and address of the owner cf the patent: (iii) the filing date and. where applicable, priority date of che
application: (iv) the effective date of gran: of the patent: and (v) the rìde of the invention.
23. (1) Upon paymcnt of an 3nnual fee, in accordance ......·ith section 27(2) che Registrar shall, within two ~'eeks from the' date payment is reccived, furnish or send to the appIicant or to the Qwnèf of ~hç patent a receipt of p3yment.
(l) The Registrar shall record and pub!ish a notifìcation of the lapse of a patent.
(3) Annual rees shall DOl b(: rcfundabie. 24. (1) The t\1inister sha1I 1 bcfore ma-king a decision undcr section 30( 1),
consùlt thc Registrar and gi \'e the O',.l·;ner of th:; patent, beneficiaries of compulsory licences, an~ any othef persons whose participation he considers useful, at Icast 21 davs \l"Titten no tÌCe of mc .j:lte on '.\'h ich thcv ma\' be heard: the o\\'ner ofthe p3.te~t sha!! gi\'c alilicensecs wriucn notice o{thc hèar1ng and they shall have the right lO panicipatc thercin.
(2) The !Vfinistcr shal1 make his decision J.fter the hearinQ.in v..:ritink!, sr.atìng the grounds upon 'xhich il is based. and , if ne h3S dccided that the i~\'entio~ shall be exploited undef section 30(1), stating the terms of exploirntion. and shJ.Il tr3nsm i t the dèC ision la the Rc:giSLrJ.J.
IP/N/lIBWA/I/2 Page 12
11/45 (3) The Registrar shall record and publish. by notice in thè Gaiette, the
decision of the Minister and notify, in writing, the owner of the patentand other paticipants in the hearing.
(4) If the decision of the Minister is the subjcct of un appeal. the Registrar of the High Court shall notify the Registrar of the Courts decision once it becornes final, and the Registrar shall record the decision and publish it by notice in the Gazeite.
(5) The Minister shall vary the terms of or revoke his dccision as provided in secrion 30(3) and (4)~ subject to me procedure in sub-regulation (1) to (4) to the extent applicable. /
. 25. The Registrar of the High Court shallnotìfy the Registrar of the Court's decision regarding any applìcauon far the grant of a license. as provided in section 31, once the decision becornes final, and the Registrar shall record the decision and publish it by notice in the Gazette,
26. (1) Where the provisions of section 33(1) apply only to some of the c laims or some parts of a clairns, such clairns or pans of a ;.:: lairn shall be invalidated,
(2) The patent owner shall, in writing, notify any licensee of any court proceeding instituted far theinvalidation of the patent: the person requesting invalidation shall so Dotiti any beneficiaries of compulsory ìicenses granted under section 31 and, where the ground of invalidity invoked is that the patent owner is not the inventor or his successor in title, also the person alleged to have the righ t to the patent,
PART III - Utillty Model Certificates
27. (1) The conversion, under section 19 of an applicarion for a patent into an application for a utility modeI certificate, or vice versa. sball be signedby the applicant and shall be accompanied by the prescrìbcd fee.
(2) The Registrar shall, within two rnonths of the receipt of the request to convert, notify the applicant of his decision thereon, in writing, and. where he refuses the request, he shall state the reasons.
(3) The regulations set aut in Part II or these Regulations shall apply, mutatis mutandis . te utility rnodcl certificates, subject to the fcllowing excep tions
(i) the 'Ietter u' shall be substituted far 'lcttcr a' in [he application under regulation 17(n( �
(ii) the reference, in reguiation 22(2j(b). to Form No.3 sha!1 read as --reference to Form No. 3A:
(i ii) the reference, in regulation 26, to section 33(1) shaIl t'è rend as a refcrence LO section 37.
PART IV - Industrial Designs
28. Regubtions 14, 16 and 17, shall apply, rrru:acis mJ.JlC.ndis, to industriaI designs proviàed th3t the perÌod of 16 months refcrred LO in regulJ.tion 14(2) sh::1l1 be substituted by ti pcriod of three months from thè date on \vhich the apr1icatioo conUllil ing the decbnltion was filcd, and that for this purpose 'letter a' in regulation 17, shall be rea.d as 'lettcr f',
29. (1) The applic3tion for the registration·of an industIial design shall be m:1de. 00 Form NeL 5 and shall be signed hy eJ.ch app lican L
(2) The applic2.tion shall indicate e3ch applicant's namè, address, nationality and rcsidence.
Cornpulsory licenses
Invalidarion
Application oÌ provisions relating to patents: conversion of applicarions
Applìc.Hion on of provisiOrl5 relating LO patents
Applìcation for rcg istr:.Hion of an inJustii.:d design
IPIN /1IB WA/I/2 Page 13
12/45
Numbe1"and size of rcprese:'lb tions tnd specimen
Accord.ng and notifylng filing date: exarnination: decision te grant er refuse application
Registraticn of inei1..:$trial èesigru publi cation et refer eOc:.e ~erefo:. . lSEuance or certifica:.:
(3) Where the applicant is the creator, the request shall contain :J. statcrnent ro that effect, and, W here he is not, it shall indicate cach creator s narne and address and be accorn panied by thc starernent justifying me applicane' s right to the reaistrauon of the industriai desizn.
(4) If the applicant ìs represented by an ageru, the reque'st shall so indicate and state the azent' s name and address,
30. (1) The ~1pplicatìon shall be accornpanied by the following (1) four graphic representations or four drawings or tracings, if the
industrial design is two-dimensional: or (ii) four graphic representations or four drawings or tracings of each
of the different sides of the industria! design, if the industria! design is three-dimensional.
(2) .-\ specimen shall be of a size not exceeding 20 cernirnetcrs x 20 ceruirneters x 20 centimetcrs,
(3) No graphic representation, drawing or tracing cf the industria! design shall exceed lOcentimeters x 20 ccmimerers and such representations, draw ings or tracings, shall be affixed on four sheets of cardboard of ,-\4 size,
(4) Drawings and tracings shall be in black ink. 31. (l) The Registrar shall examine whether the applicaticn fulfills the
requirernerus of section 44(1). (2) The rcquest to file any correction. under section ...1~(2). shall be in
writing specifying me correction or corrections required and directing that these be filed within t\VO rnonths from the date ot the said request, tcgether with the payrnent of the prcscribed fee.
(3) Once the Registrar accords a filing date. he shall so notìfy the applicant in writing or if the application ìs treatcd as if it had not been tiled, under section 44(3), the Registrar shall so notify the applicam in writing, specifying the reasons,
(4) Where the Registrar finds that the condiuons referred to in section 45 and the Regulations pertaining thereto are not fulfilled, he shall invite the appli cant, in writing, to file the requircd correction \;:it010 two rnonths frorn the date of the request, together with the payment aI' tne prescribed fee and where ù~e applicant does nat '.::omply w1th (he invitation co correct a deficiency. or \vhere ~ despite corrections submitted by the applicant. the Registrar is of the opinion that the said conditions are nal fulfillcd, he sh311 rejccl the applicaùor. :md notify the applicane in writing, stating the reasons.
(5) Refusal of an application shall nOl affect ìlS filing date \vhich shall remain valido
.(6) The Regisuar shall notify the applican~. in writing of his decision to gran t or to refuse the application, and~ in t[-.e case of a decision to gro.nt the applic3tion. he sh3.11 request the applicant tO pal' the rcgistration Jnd public2 tiao fèè within one inonth from the date of the notific3tion.
32. (1) Subject LO tne paymcnt of thc registL.1tior. and pubI icot~on fee within the period prescribed in regulation 31(6). thè Registrar shall regisrer the indusuial design in accordance \v1th section 46(1) and (2) and ùlis regul:.Eion.
(2) Thc R.:gi:,trar shall aiIot lO each indust.riaI dèsign hc registers t.hc $amc numl'er as the nllmber allotted under reguhH:cn 2&.
(3) The rcgisrr::nion or an industriai dcsib'n shall ìnclude :.ì representation or the industriaI design and shall specify
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13/45
(i) the nurnber of the industria! design: (ii) the narne and address of the reaistered owner: (iii) the nameand address of the ageru. il' any: (iv) the name and address of the creator. except where he n2S asked
not to be narned in the registration: (v) if the priority has been claimed, and the clairn has been
accepted, the priority date and the country or countries in which or for which the earlier application was filed: and
(vi) the kind of products for which me industriai design is te be used.
(4) The publication or the reference to me registration of an industria! design. under section 44(2)(C), shall coruain the particulars specified in sub regulation (3) hereof.
(5) The certificate of registration of an industrial design shall be issued on Form ='io. 6.
33. (1) The renewal of the registration of an industria! design under section 49( 1) rnay be rnade by the registered owner or his agent during the six rnonth period preceding the expiry of the registration.
(2) The renewal shall be made by payrnent of the rene-val fee within the period specified in sub-regulation (1) or, upon payment cf the prescribed surcharge, within che grace period allowed under section 49(2).
(3) The renewal of an industriai design registration shall be recorced in the register and sh311 be published.
(4) The Registrar shall issued to the registered owner a certificate cf renewal which shall contain
(i) the registration number of thc industrial design: (ii) the date of renewal and the date oi expiry: (iii) the narne and address of the registered owner: and Ci v) an indication of the kind of products for which the industrial
design has been registered,
PART V-Markj
34. The Registrar shall apply the Iruernational Classìfication of Cocds and Services far the purposes of the registration of rnarks adopted by the Nice Agrcernent of lune lS. 1957 together with any subsequeru adaptaiions and as may be applicable. tc,r ai! purposes relating lO the registration and publication or rnarks. '
35. (l) The application [or the registration of a rnark shall be rnadeor. Forrn No.7 and shall be signeo by ihe applicant.
(4) An application mJ.Y be rnade l'or the regisuatìon of a mark in r~5pèCt or gooJs or services in one or more ctasses cf thc.: Intem:.ltlOnaj CL:ì.ssific2tlon.
36. (l) The Jpplication shalI conLain a durable graphic [èproduction of the mark in the space pro\'ided Ùìer,;{or OD Form ?"o. ì.
(2) AlI applications for tne règislfaLion of a mark shail be accompanied by threè additional reproducions of Lhe mark and the addilional reproductions shall be ideo ùcal to che mark 00 the applic3tiol1s ar.d shall in al l ca::es be noted \vith any such paniculJ1s~ signcd by the applL.:'ant or hìs authoriz~è 9.gènt. as may from lime to time be required by the Registrar.
(3) If the Registrar considers any reproduction of a mark unsuitable. he may l al any urne, require a suitable reproduction to be substitu ttd.
Renewal of registration
Classification of rnarks
AP?( i c a t i oe for
or a m.1fK
Reproduction or t~e m::.rk
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14/45
Transl iter ation and trans lation of the rnark
Declaration of priority and translation of earlier applica ticn
COP:' of earlier 3pplication
\\"ì t:'1dra,\\"s l or .lppiic.ltion
~"hrking
applicarion and filing date
Objection tO or cor:ditiC'n:d accept:in;::e of :1'001 iC3 ticn: h~~ring
(-t) Where a drawing or other reproductìcn cannot be given in the aforesaid rnanner, a specirnen or copy of the mark rnay be sent either of full size or on a reduced scale and in such a form as the Registrar rnay consider appropriate.
37. Wherea rnark consists of or contains a ·).:ord or words in characters other than Rornan, ihe application on Form NO.7. and the additional reproductions of the rnark, shall be accornpanied. unless the Registrarotherwise directs, by a sufficient transliteration and translation to the satisfaction of the Registrar or' each of such words, stating the language to which each word belongs.
38$ (1) The declaration referred to in section 54(2) shall indicate O) the date cf the earlier applicatìcn: (ii) the nurnber of theearlier application. subject to sub-regulation
(2); and (iii) the country in which the earlier application was filed or, where
the earlier application ìs a regional or an international applica tion, the office with which ìt was filed and the country or countries for which it was filed.
(2) Where ar the lime cf filing the declaration refcrred to in sub-regulation (l), the nurnber of any earlier application is not known, that nurnber shall be furnisbed within three rnonths from the date on which the application contain ing the declaration was filed, provided thar the Registrar rnay extend the rime lirnit referred ro in this sub-regularion for anadditional period of three months, ifthe applicant supplies evidence that, due tO cirurnstances beyond his control, he '..vas not able to comply with the prescribed tirne limito
(3) Where the priorities of two or more earlier applications are clairned, in accordance with sub-regulation (1), the indication relating to those earlier applications may be included in a single declaration,
(4) The applicant rnay. at any tirne before rhe registration of the mark, arnend the contents of the declaration referred to in the preceeding sub-regulations.
39.. The pericd for Iurnishing the ccrtified copy of the earlicr application shall be three months from the date of the r~uèst by the RegistrJI.
40. (l) The \\'ÌLhdrav,'/al of the applic3.tion shail be made by a v:ritten decla f:.ltlOn $igned by tne applic:lDt Jnù submitted ~o thè Registrar.
(2) The app Iication ree shall not be refunded if thè appl ÌCation ìs \\7 i thdrawri. 41. (1) Regulation 17 shallapply, mutatis mZ4tandis. lO marks and u1e 'Ietter
a' therein shall be read as the 'l~tter m'. (2) The Regisvar shall accord 35 the filing date of thè applicltion the date
on \.vhich the fol1O\lting elem:;;nL~ 3Je receìved (i) the name of the applicane
(ii) an adeuess tO W'hich communicatlons can b~ directed: (iii) a reproduction of Lle mark: ' (iv) a specification of goods or serv~ces; and (v) the required filing fee for at le~s[ one cI:lss of goods or servlces.
(3) Thc Rcgistr:lr shall. ìn writing, notify tne ~:f-'pliç3nt of the applicJ.tion number and the filing date.
42. IL upon ex;}mim:nion in :.1ccordance with scction 55, the Registrar objects to lhe applic3lion fcrrcgistIation Of3 mark, h~ shaanotify che applicanl in writing of his objections with;lI! the relevant dcr..::iI and require the 3pplicanr lO amend the 3pplication~ lO submit his obs::rvations in \\Tiling or to 3pply for a h~~tng within tv.'o month~ l'ram me ~:.1tè of l.he. n~lification i100 where.thc 3ppllcaDt doe.s not comply wlth Lhe requlf:2rT1tlt \\'l~hln the set penoè, h~ sr::.!1 be ,jeerr1c:j to h2.\-·c \~'i:hdr:lA~~'r: }-:is 3::;::,1 t~,..,~
IPIN!1!B\\1A/I/2 Page 16
15/45 (2) If, upon exarnination in accordance wi th section 55. the Registrar decides
to accept the application subject to amendmenrs, modifications, conditions, disclairners or lirniiations he shall cornmunicate the decision te the applicant in writing and where - ,
(a) the applicane objects to the amendrnents. modifications, conditions. disclairners or lirnitations, he shall, within two months from the date of the cornmunication, apply far a hearing or subrnit his observations in writinz:
Cb) the applicant does not object to such arnendrnents, modifications, con ditions, disclairners or lirnitations, he shall notify the Registrar in writing and arnend his application accordingly: or
Cc) the applicant does not respond in one way or the other within the set period, he shall be deemed to have withdrawn his application.
(3) The request far a hearing, which shall be accornpanied by the prescribed fee, shall be rnade in writing to the Registrar who, upon receiving the sarne, shail give the applican t m least one rnonth' s notice in writing of the date and Lime when he rnay be heard,
~3. (1) IL after a hearing or after consideration of the applicaru's arnend rnenrs or observations in writing, the Registrar refuses the application or accepts it subject to any arnendments, modificarions. conditions. disclairners or lirnitations to which theapplicaneobjects, he shalt cornmunicate hisdecision te the applicane in writing.
(2) The applicant rnay, within one moruh frorn me date of such cornmunica tion, upon payrnent of the prescribed fee. request che Registrar (Cl state in writing the grounds of his decision and the rnaterials used by hirn in arriving thereat,
44. If the Registrar accepts the applicatio n unconditionaily or accepts it subject lO any conditions or limitations to which the applicarit ÒOèS not object, he sh311 prcceed lO publish the application seuing out
(i) the filing date and, where applicable. 'thc priority date: (ii) the representation of the rnark: (iii) the goods or services in respect of which the registrauon of the
mark is requested, with an indic:ltion of the corresponding class or classes of Lt,.e Intemational Ciassification:
(i'.) the name and address of the applicant: .1nd (v) the nume and addrcss of the 3genL i f any.
~5. Cl) The nolice of opposirion undersection 56(1) shall be given, within three months from thc datè of tne public~tion referred lo in reguiation 44, on Form NO.8 togeth.:r wilh payment of the prescribed tee. and accompanied by sL:pporting eVtdenc.e if any.
(l) Tne ':::ounte.r-SW[Cmcilt referred to in 5ç.::tion 56(2) sl-,3.l1 b~ subiect to paYi11cnt of me prescribed ree and shall be gìven within t\\'O mon:hs t'rom the date the nouce of opposilion is sent to the applicane in \\Titing. st.3~jng the grollnds upon \vhich the nppIicant relies for his application and J.('~ompanied by supponillg evidence. if an)'.
Refusal vi application or conditional acceptance .0 which appli cant cbjects
Acceptance ef' applications pubi ication
OppQSicion
IPlNllIBWAlI/2 Page 17
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Registration of rnark: publicarion of rererence: issuance of certificate
Renewal of registration
~6. (1) Where me Registrar finds mal the conditicns reterred :0 in section 55 are fulfilled, and either
(a) me registrarion ofthe mark has not been OPPOSèO within ihcprescribed tirnelirnil: or
Cb) the registration of the mark has been opposed and tbe opposìtion has been decided in the applicaru' s favour: the Registrar shall so notiìy the applicane in writing, requesting hirn re pay the registration fee within one rnonth from the date of the notifica tion, and, subjectto the payrnent of theregistration fee within the period prescribed. he shall register the mark in accordance w1t11 this regula tion, publish by narice in the Gazette, a reference to the registration and issue to the applicant a certificate of registration.
(2) The Registrar shall allot io each rnark he registers the sarne number as the number allotted under rezulaticn ..+ 1(3).
(3) The registration of a mark shall include (i) a representation of the rnark:
(ii) the number of the mark: (iii) the name and address of the registered owner; (iv) the narne and address of the agent, if an): (v) the filing date and date of rcgisrration:
(vi) if priority has been clairned and rhe clairn has been acceptcd, the country or cournries in wlucb or for which the earlier appli cation "vas filed: and
(vii) the list of goods or services in respectofwhich the registration of the mark had been made with an indication o f the corrcsponding class or classes of the International Classification.
(-+) The publìcation of the reference to L1)è registration of a rnark under sub regulation (1) shaìl coruain the particulars specified in sub-regulation (3).
(5) The certificate of registration of a rnark shall be issued on Form 00.9. 47. (1) The request for renewal of the registration of a rnark under sec-ion
61 (1) rnay be rnade during the six month period preceding the expiry of the registration and shail be signeo by the regisiered owner or his agent.
(2) The reriewal shall be subject to payrnent of the rene-val fee v;hich sh3.11 be made within the period specified in sub-regulation (1) hereof or. upon payment of tile prescrìbed surcharge, within [he grace period al10wed under section 61 (2).
(3) The renewaI of me rcgisu3.tionof a maI'k shall be recorded in the register and shall be published by natiee in the Gazeue.
(4) Thc Registrar 'shall issue to the registered o\vnc:r a ccnificate of renewal which shaii cont:.1Ìn
(i) tne reçÌstration number of t.hc rr1J.rk: Ci i) the date oÌ rcncwfil 2nd the dute of lhe ex pirj:
(iii) the name and addre.ss of thè rq;iSterèd owner: and (i\!l the list afgoodscr sen'ices in respèctofwhich the: m3.fK hasbeen
registered wito 2n :ndic:illon (,f thecoriesponding class or classes of thc IntematioDJ.l Cb;;sificat!on.
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17/45
48& Reguìauons 34 to 47 shaìl apply, mutatis mutandis, te collective rnarks subject to the following
(a) anapplication for registration of a collective mark shall nel beaccepted unless, in the applìcation for registration, the mark is designated as a collective mark, and unless the application is accornpanied by a copy of the rules governing the use of the rnark, duly certified by the applicant:
(b) me rules governing the use of che collective mark shall define the cornmon characteristics or quality of the goods or services which
the collective rnark shall designate .and the conditions underwhich, and thepersons by whorn, it rnay beused and they shaìl previde for the exercise of effective control of the use of the rnark in compliancewith those rules, and shall determine adequate sanctions for any use
contrary to the said rules; (c) a copy of the rules governing the use ofthe mark shall be appended to
the registration of a collecrive rnark: (d) publication of a reference io the registraticn of the collective rnark, in
accordance with regulation 46(1), shall include a surnrnary of the rules appended te the registration:
(e) notification of changes effected in the rules governing the useof the mark shall be in writing;
(f) all notifications of changes shall be recorded in the register and shall be published by notice in the Gazeue, and alI changes in the rulesshall be regarded as having no effect unti! such recording: and
(g) for the purposes of lise of the collective mark in connection with section 64(1) the registered owner of a collective mark ma)' use the mark himself provided ìt is also used by other authorized persons in accordance with the rules governing such use and liseby such persons shall be deemed ro be use by the registered owner,
49. (1) An Application, under section 64(1), to invalidate the registration of a mark, shall be made together w ith the payrnent of the prescribed fee.
(2) An Application, under secticn 64( l). to rernove, from the register, a mark on ground of non-lise shall be made together with the payment of the prescribed fee.
(3) The rernoval of a mark [rom me register OD the grounds of non-use shall be pubIished by notice in the Garette.
PART \/1 - Generai
50. (1) The request, under section 70, for the re-eordaI of a change of ownership of a title granred under the Act or of an applicarion thereforshall be rnade to the Registrar on Form ~o. lO and shall be subject lO payment of the prescribed ree.
(2) The publication of the change of ownership shall specìfy (i) the tùle of protection concerned; (ii) the filing date, the priori ty date, if any, and the dateof registration
or grane (iii) the previous owner and the new o\vner; aod (iv) the natureof the change of ownership.
Collective rnarks
Invalidation: remava] on the ground of . non-use
Changes in ov.11ership: license contracts
IP/N/1/BWAII/2 Page 19
18/45
Appointment of agent: address for service
Excluded days
Consultation of registers; request for extracts and copies òf docu rnents
Ccrrections of errors
Hearing
Forms md fees
Serv'ice by mai!
(3) A license contract subrnitted far recordal under section 71 shall be accompanied by the prescribed fee.
51. (l) The appointrnent of an agent shall be by a power of attorney which shall be signed by the applicant or, if there are more than one, by each applicane
(2) The address of'the agentshalt, for all purposes connected with the Act and mese Regulations, be treated as the address to which cornrnunicarions to the person or persons who appointed the agent shall be transrnitted.
(3) The power of attorney appointing an agent ma)' be filed together with the application or within two months from its filing date and where the appoint ment is Dar thus made and is not in accordance with section 78 and this regulation, any procedural steps taken by the agent, other than me filing of me application, shall be deemed nOL to have been taken.
52. When me last day for doing any act or taking any proceeding fal1s on a day when the Registrar's Office is not operi to the public for business, it shall be lawful to do the act or to take the proceeding on the day when the Registrars Office ìs next open for business.
53. (l) Consultation of the registers shall be subject to payrnent of the prescribed fee.
(2) Requests for certified copies of extracts from a register or far copies of documents shall be made to the Registrar in writing and shall be subject to payrnent of me prescribed ree.
54. (l) Corrections of errors, under section 73) may be made by the Registrar upon receipt of a request in writing and subject to such terms as he rnay consider appropriate, or on his own initiative.
(2) Corrections made shall be cornmunicated in writing to all interested persons, and, where considered necessary, shall be published by narice in the Gazette.
55. (l) Any intended adverse exercise of the discretionary powers bestowed on me Registrar by the Act or these Regulations, against an)' person shall not be perforrned until the Registrar has notified such person, in writing
(i) of his intention; (ii) me opportunity the person has to be heard thereon: and (iii) ofthe tirnelirnit, which shall notbe less than one month, for filing
a request for a he3.ring. (2) The request for a hearing shall be in writing and shall be subject to
payment of the prescribed fee. (3) Upon receiving such request 1 the Registrar shall give me person apply
ing, and any other interested persons. at least two weeks 1 notice, in writing, of the d3te and time of the hearing.
56. (l) The forms referred to in these Regul3.tions are those set aut in First Schedule to these Regulations.
(2) The fees to be paid in respèct of matters arising under the ACL or these Regulations shall be those specified in the Second Schedule to these Regula Dons.
57. (l) Any notice, application or other document sent to the Registrar by mai! shall be deemed to have been given. made or filed at the time when it would be delivered in me ordinary course of the mail.
(2) In proving such sending, it shaH be sufficient to prove that me lener containing such notice, application or other document was properly addrcssed and sent by registered maiL
(3) Sub~regulation (l) does not apply LO the accordance of Lhe filing date. Transitionai provisions58. Upon me coming into force of these Regulations~ applications far the
grant of patents or for the registration of industriai designs or marks~ filed on ,.. A .. 9"" "" ' b" >h~ -' ..Of)lltef _ ugust 1 '~b~ ana elore li ç >Jfhe
· r b o
-- '- '-0 ~ ,. - --1 -~.- r.Regu latlons~ ffi,;.Y e su1:J1-, ..<;:-:"":::,,;::;;·...:, "":'. '. ' I ,.'i.- - l"""'. ~"""" ~ .:documents or parucu ars or ~~.:; ydymC~::è-"" "
with these Regulations.
fPINI] /BWA/T/2 Page 20
19/45
FIR5T SCHEDULE (Regulation 56 (1)
FORIviS
OFFICE OFTHE REGISTRAR OF PATEÌ\fTS. i\L\.RKS Al'\JD DESIGNS Form No. l
INDUSTRIAL PROPERTI Acr~ 1996 Far Officìal Use
Date of Receiptby Registrar's Office:
REQUESTfOR G~WTOF PA..TEÌ'll OR UTIUTY MODEL CERTIFICATE APPLICAnON :;0,:
To: The Registrar (Office's Stamp) [Address]
FILING DATE:
I Applicant's or Representative'sFile Reference:
THE APPLICAJ'1T(S) REQUE5T(S) THE GRAJ'1T or A
DPATENT r I Ul1LITY Iv10DEL CERTIFICA.TE
IN RESPECf OF TI-IE FOLLOVvlNG PA.l.~TICULARS:
L TITLE OF INv1:NTION:
II. APPLICi\.1'\fT(S)"
Additional inforrnation is contained in supplemerual box
Narne:
Address:
Nationality:
Country of residence or principal place of business:
Tel No.: Telegraphic Address: Telex No.: Fax No:
* The data concerning each applicant must appear in this 1x1X or, if thespace is insufficient in the supplernental box.
IPIN/l/BWA/I/2 Page 21
20/45nr. AGE~T
The following agent has been appointeo by the applicantts) in the power of attorney
D accornpanying this Ferro D to be filed withinone rnonth acro the filing of this Farro
Name:
Address:
TeI No.: Telegraphic Address: TdèX No.: Fax No.:
IV. INVE:JTOR
D The inventar is the applicant Additional informationiscontained in supplernental OOX D
If inventar is not the applicant:
Narne:
Address:
The statement justifying the applicant's right Il accompanies this forrn U
V. DI\'lSIO~LA.L ,APPLICAnON
ilThis application 15 a divisional U The beriefit of the D filing dateapplication 1-- priority date of the initial application is clairned in asmuchas the subjeetU rnatter of the present application is contained in the initial application
identified below.
Initial Application No.:
Date of filing of initial application:
IPINI1/BWA/I/2 Page 22
21/45
VI. DISCLOSURES TG BE DISREGARDED FOR PRIOR ART PURPOSES
Disclosure occured not more than twelve rnonths before the filing date or priority date of the present application
n ~Y reason or in consequence of acts of theapplicant or his predecessor in ~tltie.
D of an abusc cornmitted by a third party with regard to the rights of rheapplicant or his predecessor in title, D additional infcrrnation is contained in a staternent accornpanying thisForm.
vn. PRIORITY DECLARA.TION (if any)
The priority of (an) earlier applicatiorus) 15 claimed as Il follows L-J
The priority of more than one earlier application is clairned; D the data are indicated in the supplernental box
Country (if the earlier application is a regional Filing date: or international application, indicate the office with which and rhe countries for which it was filed):
Application No.:
Syrnbolof theInternational Patent Classification.
D not yet allocated
The certified copy of the earlier application D accornpanies this Forrn. O willbe furnishedupon requestby the Registrar. as prescribedby Rule20(5).
The English translation of the earlier application D accompanies this Farro. D will be furnished upon request, as prescribed by Rule 20(6).
IPIN11 /BWA/I/2 Page 23
22/45
Farro No. 1 (cent'd)
V1H. SUPPLEMENTAL BOX'
USè this box if any of the boxes is not large enough to coruain inforrnation to bè furnished. Indicate the bcxes continued in this box by their rornan nurneralsand title (e.g., "II ..i'-.?PLI CANT(S) (continued)").
IP/N/l/BWA/l/2 Page 24
23/45
IX. CHECK LIST (TG BE FILLED iN BY THE APPLICA1'\T(S))
A. 11Us application contai ns the B. ThisForrn,as filed.is accornpanied following: by the iterns ticked below:
D 1. request. sheel(s)
separate signed power of attorney 2. description .sheeus)0
staternentjustifying the applicant's 3. dairn(s) (sheetis) D right 4. abstract sheetis) staternent that certain disclosuresD be disregarded
D5. drawing(s) sheets) priority documenusj]certifiedcopyof earlier applicatiorus) Total D sheets
j l English translation of earlier applicariorus) on which priority declared is based
c. Figure nurnber. of the drawings (if any) is suggested to accornpany application feeD the abstract for publication
D other documentts) (speci fy)
IPIN/l/BWA/J/2 Page 25
24/45
SIGNATIJRE(S)"X.
......... ........................... .........................(Applicantts)/Agent) 4 ........ 'O • Il ......... Il ............... ~ ...... (Date)
.............................................................(Applicant(s)/Agent) ........... T .............................. (Date)
Type name(s) under signature.
TO BE FILLED IN BY THE REGISTRAR
1. Date of receipt of corrections or later filed documents cornpleting the application:
} Date fees received:
Forrn No. l, sixth and hl')! pnge
IPIN! l /BWA/I/2 Page 26
25/45
OFFICE OF THE REGISTRAR OF PATENTS. IvL-\RKS Al'iD DESIGNS FOnTI No.2
For Official US~I~DUSTRL~PROPERTY ACT. 1996
NOTIFICATION OF NON-COMPLIA.:~CE \\t1TI-I SUBSTPu'JTIVE REQUIREME:\TS :~'lD INVITA.nON TO SVBIvnT OBSERVATIONS Al'JD/OR A1\1ENDED :-\PPLICAll0N FOR GRAl'i'T OF PATE:-iT Ifo---------------..f
Applicant's or Representative's File Reference:
In the rnatter of Patent Application No ,. ..
the Registrar hereby notifiestheapplicanus) thatthe followingsubstantive requirernents have not been tulfilled with respect to the above-identified application for the following reasons: '"
The applicanus) isfare hereby invited 10 subrnit. within
..........................................................................................................(specified period " "},
observations and, where applicable, an arnended application, The amendrnent shall be made to the Registrar, tcgether with the prescrioed fee.
SIGN/\.TURE . The Registrar Date
Continue OD il separate sheet, if space provided is insufficient, Insert tirne lirnit in accordance with [regulations 26(2)).
Forrn No. 2~ only page
IPIN/l/B\VA/I/2 Page 27
OFFICE OFTHE REGISTRAR or PATEÌ"1TI, M...A.RKS AJ'\ID DESIGNS 26/45
(19) Offlce of the Registrar or Patents, Marks and Desìgns
flLogo"
(12)""
(21) Application Nurnber:
(22) Filing Date:
(31) Priority Nurnber:
(32) Priority Date:
(33) Priority Country:
(54) Titlè:
Form No.3
(11) Publications Number:
(45) Publication Date:
(51) IPe:···
PATENT
(73) Ownerts):
(72) lnventons):
(74) Agent:
IP/N/IIBWAII/2 Page 28
27/45
(57) Abstract:
This indication and the footnotes do not appear on the first page of the patent. .. The nurnbers in parentheses before the bibliographic data are the Internationally
Agreed Nurnbers for the Identification of Data CINIO codes), as defined in VV1PO Standard ST.9.whereby the various bibliographic data appearing on the firstpage of apatent docurnent cari be identified without knowledge of the language used and the industrial laws applied.
( 19) Offìce of the Registrar of (11) Publlcations Nurnber: Patents, Marks and Designs
"Logo" (45) Publication Date:
UTILITY \10DEL CERTIFICATE
(211 Application Nurnber:
(22) Filing Da1è:
(J 1) Priority Nurnber:
(32) Priority Date:
(33) Priority Country:
(73) Owner/s):
(72) Inventorrs):
(74) Agent:
IPlN/I/BWA/II2 Page 29
28/45
(54) Title:
(57) Abstract:
. This indication and the footnotes do not appear on the first page of the unitility model certificate.
.. The nurnbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data CINTO codes), as defined in \VIPO Stand ard ST.9. whereby rhe various bibliographic data appearing on the firs: page of a patent document can be identifiedwithout knowledge of the language used and the industriai property laws applied.
Forrn No. 3~ third and last page
IPINI1/BWA/I/2 Page 30
29/45OFFICE OF THE REGrSTRl\R or PA.TENTS~ ~KS Al'lD DESIGNS Form No.4
INDlJ5TRL.iL PROPERTY Aer. 1996
CERTIFICATE OF GR.·\J'1T OF PATENTi UTILrTY I\10DELCERTIFICATE'"
In accordance with Section 23(2)(a) of the Industria! Property Act, 1996, it is hereby certified that a patent/utility model certificate" having the Nurnber . has been granted to:
Address:
on o •• 0 (date), in reSpèctof an invention disclosed in an applica tion for that patent/utility mode! certificate" having the following:
filing date:
priority date:
being an invention for: ..o" ••• _ o" , •••• 0'_ o ••••••••••••••• o.,., •• , o .,' •• , ••••••• _ ••• 0_ ••••• , •••• , , ••••••••••••••••••••••••••••••••• (title)
Dated this ~ day of 19 .
"'Dddè which ever does not apply
Farro No.4, only page
IP!N1l /BWA/I/2 Page 31
30/45
OFFICE OF THE REGISTRAR OF P.~TENTS~ N1ARK5 .--\i'lD DESIGNS Form No.5
INDUSTRIAL PROPERTY ACT, 1996
APPLICATION FOR REGISTRAll0N or INDUSTRlAL DESIGN
To: The Registrar [Address]
Far Official Use
Date of Receipt by Registrar's Office
A.PPLICATION No.: (Offices Stamp)
FILINO DATE:
Applicants or Representative's File Reference:
lliE A.PPLICA.t'1T(S) REQUE5T(S) THATTHE ACCOIvfPA~YINGINDUSTRI.A.L DESIGN BE REGISTERED IN RESPECf OF TIIE FOLLO\VrNG pARTICULARS:
1. APPLICAJ~T(S)*
Additional inforrnationis contained in supplemerual box D
Narne:
Address:
Nationality:
Country of residence or principal piace of business:
Td.No.: Telegraphic Address: Tekx No.: Fax No.:
IPIN/1/BWA/II2 Page 32
31/45
'" The data concerning each applicant must appear in this box or. if the space is insufficient, in tbe supplemental box.
H. AGENT
The following agent has been appointed by the applicanus) in the power of attorney
D accornpanying tbìs Form D to be filed within ODe month frorn the filing of thisForrn
Narne:
Address:
Tè!. No.: Telegraphic Address: Tc:kx ~o.: Fax No.:
III. REPRESENTATION5 OF lliE INDCSTRIAL DESIGN; SPECIME?\
This Farro is accompanined by
D four graphic representations
D four drawings or tracings
I ! a specimen of the industrial design
IV. CREATOR
I ! The creator is the applicant Additional inforrnation is conrained in supplernent box D
If creator is not the applicant:
Narne:
Address:
The staternent justifying the applicant s right accornpanies this forrn I i
v. PRODUCTS
The kind of products for which the industrial design is to be used is (are) the following:
IPIN/I/BWA/I/2 Page 33
32/45
\;1. PRIORITY CLAIM Of any)
The priority of an earlier application is claimed as follows:
Country:' Filing Dnt~:
Application No.:
The priority of more than one earlier application is clairned;
the data are indicated in the supplemental box D
The certified copy of the earlier application
o accompanies this Forrn o will be furnished within three rnonths of the filing of this Form
VII. FEES accornpany thisFarro D
VIII. SUPPLEMENTAL BOX'"
.. Use this box if any of theboxes is not large enough to contain inforrnation to be furnished. Indicate the boxes continued in this box by their Rornan nurnerals and title (e.g., "II. :\PPLIC...\.1'IT(S) (continued)")
IPIN/l/B\VA/l/2 Page 34
33/45
Form No.5 (cent'd)
SlJPPLEMENTAL BOX (cent'd)
IX. SIGNAThRE(S)
.................................................................. (Applicanusj/Agenr') .. (Date)
.................................................................. (Applicant.sj/Agenr ) . (Darè)
'" Type name/s) under signature and delete whichever does not apply.
TG BE FILLED IN BY THE REGISTRAR
1. Date application received:
'j Date of receipt of corrections, later filed papers cornpleting the application:
3. Date fees received:
Form No.5, fourth and last page
IPIN/1 /BWA/I/2 Page 35
34/45
OFFICE OF THE REGISTRAR OF PATENTS. !vlARKS .~'\iD DESIGNS Form No.6
INDUSTRIAL PROPERTY ACI, 1996
CERTIFICATE or REGISTRATION OF INDUSTRIALDESIGN
In accordance within Section 46(2) (a) of the Industriai Property Act, 1996. it is hereby certified that an industrial desizn havinz the rezistration..... ..... ...
No has been registered far:o"
Narne:
Address:
on (date)
in respect of an industrial design disclosed in an application for registrationof that industria! design, having the following
filing date:
priority date:
being an industriai design far: " " .. (products)
created by:
Nume:
Address:
A copy of the reproduction of the industrial design accornpanies this Certificate.
Dated this day of " " 19 .
Registrar
Forrn NO.6. only page
IPIN/I/B \VA/I/2 Page 36
II
OFFICE OF THE REGISTR..:\R OF P.-\TENTS. \l-\RKS .Ju~D DESIGI\S Form Nn. 7
35/45
INDCSTRIAL PROPERTY ACT. 1996
APPLICATION FOR REGISTR..ATION or A :'v1A.RK
To: The Registrar [Address]
ForOffida! es.:
Date of Receipt by Registrar' s Office:
.-\.PPLICATION ~O.:
FILI0:G DATE:
1. THE A.PPLICAJ"'T(S) REQUEST(S) TrlE REGI5TRA.TION OF:\ \t~K IN RESPECT OF lliE FOLLO\Vl?\G P.--\RTICL:LARS:
Narne:
Address:
Nationality:
Country of residence or principal piace of business:
Td. No.: Telegr.iphic Address: TeÌè\ No.:
AGENT
Tnt following agent has r-een appoinied by the :.lpplic2i1t(:..;) in the power or auorney I iaccompanying this Forrn ,-,-, to be. filed within ();"1c' month t7,ìm tbc' fi:ing
-- o[this Forrn
Narne:
Address:
Tel. No.: Telegraphic Address: Telex No.:
IP/N11 /B\VA/I/2 Page 37
V
III. COLLEeTIVE l\lARK
This application for registration concerns a collective mark D The regulations governing the use of the collective rnark are attached
r j
36/45
1'/. REPRODUcnON OF ÌVLARK Three additional reproductions ori separate sheet are affixed D
Transliteration accornpanies application D
Translationaccompanies application
D
FèèS accornpany applicati 00
CL~SSES
Registration is requested in respect of the following goods andor services. listed under the applicable classes of the International Classification:"
\ 1. ,ADDITIOì\AL INFORi';fAnON accornpanies this Form (specify)
\ 11. SIG~ATURE(S)
........................................................ (ApplicanusjAgent) "" (Date)
•••••••••••••••••••••••••••••••••••••••••••• o ••••••••••• (Applicanus). Agent)""
Continue on a separate Shèèt. if the space provided is insufficient. '" '" Type nurn etx) under signature and dektè whichever ÒOèS not apply.
Forrn No.7, second and last pagè
lP/N/l/B\VA/I/2 Page 38
37/45
OFFICE or THE REGISTRAR OF PATEì'ffS. ~iARKS AND DESIGNS Form NO.8
INDUSTRLAl PROPERTY ACe 1996
Far Official USè NOTICE Or OPPOSITION TO REGfSTRA110N or iVfARK
To: The Registrar [Address]
i Notice received on: INo, of Opposilion:
IOpponents or Representctives File Referenc1
In the rnatrer of Applicarion No .for registration of a mark
I/\\·c ,, .
of ,." , .
give notice of our opposition to the registration of the above identified rnark published for
classtes) " in the Official Butktin of the day of
......................................................................... 19 , No ~ page .
The grounds far this opposition art as follows:" '"
Delete whichever does not apply. Continue on a separate sheet, if the space provided is insufficient,
Form No. B. First Page
I
IPINIlIB\VA/I/2 Page 39
38/45
Name of agent (if any):
Address of Agent:
D Supporting evidence accornpanies this Forrn D Power of attorney accoropanies this farro D Feesaccornpany this Farro Signature Opponentrsj/Agent)" Date ..
...........................................Opponents/sj/Agent)" Date .
Delete whicheverdoes not apply and type name(s) under signature.
FOnTI No. 8~ second and last page
IPfN/1/BWA/I/2 Page 40
39/45
OFFICE OF THE REGISTRAR OF PATENTS. ?viARKS AJ'ID DESIGNS Farro No.9.
INDCSTRIAL PROPERTY xcr, 1996
CERTIFICATE OF REGISTRATION or MARK
. In accordance with section 57(1)(6) of the Industriai Property Act, 1996, it is hereby certified that the rnark (being a collective mark)" shown below
Has been registered under No.
as of the . in classtes) . (Date)
in respect of the tollowing goods or services:" "" '"
in the name of : .
address
Dated this day of.. 19 .
Registrar
Registration is for ten years from the date first above-rnentioned and may then be renewed for additional successive ten-vear-periods. This certificate: is not for use in legal proceedings or forobraining registration abroad.
Delete i f necessary. lnsen.Attach reproduction of the mark. Continue OD separare sheet, if the space provided is insufficient.
Form No.9, only page
IP/N/I/BWAfI/2 Page 41
40/45 OFFICE OFTHE REGISTRAR OF PATEÌ'ilS~ iviARK5 k\'D DESIGl'-:S
FOnTI No. lO
I INDUSTRI?.L PROPERTY xcr, 1996
Far Offida! LIse RECORDING OF CH.6u'\fGE IN Q\\rNERSHIP Recèived on:
To: The Registrar [Address]
I !
I
Applicant's or Representative s File Reference
L IN THE !\1ATrER OF:
Patent Application No.:
Application far Utility Model Certi ficate No. :
Filing Date:
Filing Date:
Applicatiori far Registr ation of Industrial Design No. : Filing Date
Patent No.: Dok of Grant:
Utitity Mode! Certificate No.: Date of Grani:
Industr ial Design 1\0. Date of Registration:
f\.fark No.: Date: of Registration:
I I. .Al'PLIC.~"'iT( 5)/0\VN ER(S) "'
III.
Addr ess:
REQUEST
The Registrar is hereby requested to record the change in ownership of the
above-identified '" e
IPIN11/BWAIII2 Page 42
41/45 The present applicanusj/ownens)" is/are identified above.
The Dè\V applicanusj.new ownertsr' is/are identified belov.....
Delere whichever does not apply. Indicate application or title concerned.
[V. NE\V .-\PPLICA1"iT(S),NEW O\V:'-1ER(S)'"
Address:
Nationality:
Country of residerice or principal place of business:
Te!. No.: Telegraphic Addr ess: Tdex No.: Fax No.:
v. r\DDITIONAL INFOR!vLq,TION
The following irerns accornpany this Forrn:
r-l The original or a certified copy of the docurnent evidencing the change of owner L.-J ship. signed by or on behalf of the contractìng parties
r: other docurnents evidencing the change in ownership (specify)L-.J ! fees,i l_~
~U other (specity)
IlL.-J approvai ot the Minister " '"
VI. SIG~ATURES
........................................................ (New Applicant(s)/Nev.:Owner(sy '" ><) .
.... .. (New Applicanusj/New Owner(s)"''"''') . (Date)
(Applicanttsj.Ownerts)" '" *)
(Applicant(s)/Owner(s)"""' "') (Date)
Delete whichever does no: apply. Required where the request is in respect of a collective rnark or applicationtherefore. Delete whichever does not apply and type nameis) under signature.
FOnTI No. lO, second and fast page
[PIN!1IBWAIII2 Page 43
SECOND SCHEDULE (Regulation 56 (2)
SCHEDULE OF FEES FOR PATENTS, lJTILIIT MODEL CERllFICATES,
42/45
NtARKS AND DESIGNS
Colurnn l Colurnn Z
Amountof Fee inPulaMatter or Proceeding
Application Application by by bodies individuals other than or small srnall entities ~ entities
Patent and Utility Model Certiflcates
L Application far a patent ì Each divisional application for
a patent 3. Application for a utility mode!
certificate 4. Each divisional application far
a utility mode! certificate 5. Amendrnent of application al
instànce of applicant 6. Correction of application on
request of Registrar 7. Preparation of abstract by
Registrar 8. Grani and publication fee 9. Annual fees for paterus:
ì st ariniversary of filing 2nd anniversary of filing 3rd anniversary of filing 4th annìversary of filing 5th anniversary of filing 6th anniversary of filing 7th anniversary of filing Sth anniverxary of filing 91h anniversary of filing 10th anniversar)' or filing Il th anniversarv of filing 12th anniversary of fili ng 13th anniversary of filing l-lth anniversary of filing 15thanniversary of filing 16th anniversary of filing 17th anniversary of filing
100
100
50
30
20
20
20 120
.., -)
100 120 140 160 180 200 220 240 260 280 300 320 340 36D 380 400
200 Form 1
200 Form 1
100Form 1
60 Farro l
40
40
-+O 240
50 200 240 280 320 360 ~
..+00 -+SO 520 560 600 640 680 720 760 800
IPINI l IBWA/I/2 Page 44
ISth anniversary of filing 19th anniversary of filing 20th anniversary of filing
..+20 440 -+60
""'smail entities" rneans any business concerno (l) \VhOSè nurnber of employees
43/45 S..+O 880 920
including those of us affiliates does not exceed 100 persons: and (ii) which has not assigned. granted, conveyed. or licensed the title of protection or the right thereto. and is under no obligation under contract or law to do so.
The above-rnentioned regarding the obligation ro assign etc., also applies io individuals. The Registrar shall deterrnine whether any entity is eligible J..<:; a srnall entity. .
Matter or Proceeding Amount of fee in Pula
Application by individuals or small entities"
Application by bodies other than srnall entities
Patent and Utility Model Certificates (contd)
IO, Annual fees for utility rnodel certificates:
l st anniversary of filing 2nd anniversarv of filing 3rd anniverxary or fili ng -+th anniversary or filing
Il. Surcharge [or late payrnent of annua] fee:
12. Request for extension of duration of a parent
13. Rçquest for grant of a 00[1 voluntary licence
1-+. Réquest for conversion of a patent applicarion into an application for J. utility mode! cenificate and vice versa
15. Correction of application. 16. Request tor grant of a none
voluntary licence
-+D 50 60 70 80 90
.+0
252
100
fr-i.
.... ì
.J_
20 60
SO 100 120 140 160 180
SO
5\)..+
200 Form-i
12N
6-+
..+0 120
IPINIlIBWAII/2 Page 45
44/45 Arnount of fet in Pula
Application Appìiation by by bodies individuals other than or small srnall entities" entities'"
Industriai Designs
17, Application kè
18. Correction of applicarion on request of Registrar
19. Registration and publication fee
20. Renewal fee: (a)first renewal (b) second renewal
21. Surcharge for late payrnent of renewal fee
Marks
22. Application t'ee: (o) for registration of a rnark in one class (lì) t'or registration of mark in each
addiiional class
23. Request ro: statement of grounds for decision of Registrar
lA. Filing notice of opposition
25. filing coumer-starement
26. Filing request for hearing
27. Fee l'or hèLlfing in opposition proceedings (to be paid hy applicant and by opponerit)
28. Registration fee
29. Rençwa! fee:
(a) Ior rnark in one class (o) tor a rnark in each addirional class
30
20
30
6..f 72
4D
120
20
lO{)
20
24
60
.+0 90
120 40
60 Forrn 5
40
120
128 144
SO
240 Forrn 7
40
. 2ttì{)
40 Forrn S
4S
120
SO ISO
240 BO
IPIN/1/BWA/I/2 Page 46
45/45
~ Iarter or Proceeding Arnount of fee in Pula
Application by individuals or small entities"
Appliation by bodies other than srnall entities"
.30. Surcharge for late payrnent or renewal fee
31. Filingrequest far invalidation or rnark or for rernoval of rnark from Register on grounds of non-lise
60 120
so
32. Filing request for invalidation of mark or rernoval of rnark frorn Registrar on grounds of none use
Generai
33. Filing request for recordal of change in ownership
34. Submission of licence contract for recordal
35. Inspection of Register (for every quarter of an hour or part thereof)
36. Certified copies of docurnents (per page)
.3 7. Change of address
38. Filing request for hearing
60
60
40
4
20
60
120 Farro 10
120
80
8
-4)
120
IviADE this 25th day of August, 1997.
K.G. KGOROBA, Minister ofCommerce and Industrv.