Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
2003/1 -SZKV 39 81.2 Decision by the Assembly a) When the proposal is made to the Assembly, its text shall be sent by the Director General to all Contracting States at least two months in advance of that session of the Assembly whose agenda includes the proposal. b) During the discussion of the proposal in the Assembly, the proposal may be amended or consequential amendments proposed. c) The proposal shall be considered adopted if none of the Contracting States present at the time of voting votes against the proposal. 81.3 Voting by Correspondence a) When voting by correspondence is chosen, the proposal shall be included in a written communication from the Director General to the Contracting States, inviting them to express their vote in writing. b) The invitation shall fix the time limit within which the reply containing the vote expressed in writing must reach the International Bureau. That time limit shall not be less than three months from the date of the invitation. c) Replies must be either positive or negative. Proposals for amendments or mere observations shall not be regarded as votes. d) The proposal shall be considered adopted if none of the Contracting States opposes the amendment and if at least one-half of the Contracting States express either approval or indifference or abstention. Rule 82 Irregularities in the Mail Service 82.1 Delay or Loss in Mail a) Any interested party may offer evidence that he has mailed the document or letter five days prior to the expiration of the time limit. Except in cases where surface mail normally arrives at its destination within two days of mailing, or where no airmail service is available, such evidence may be offered only if the mailing was by airmail. In any case, evidence may be offered only if the mailing was by mail registered by the postal authorities. b) If the mailing, in accordance with paragraphe, of a document or letter is proven to the satisfaction of the national Office or intergovernmental organization which is the addressee, delay in arrival shall be excused, or, if the document or letter is lost in the mail, substitution for it of a new copy shall be permitted, provided that the interested party proves to the satisfaction of the said Office or organization that the document or letter offered in substitution is identical with the document or letter lost. c) In the cases provided for in paragraph b), evidence of mailing within the prescribed time limit, and, where the document or letter was lost, the substitute document or letter as well as the evidence concerning its identity with the document or letter lost shall be submitted within one month after the date on which the interested party noticed - or with due diligence should have noticed - the delay or the loss, and in no case later than six months after the expiration of the time limit applicable in the given case. d) Any national Office or intergovernmental organization which has notified the International Bureau that it will do so shall, where a delivery service other than the postal authorities is used to mail a document or letter, apply the provisions of paragraphs a) to c) as if the delivery service was a postal authority. In such a case, the last sentence of paragraph a) shall not apply but evidence may be offered only if details of the mailing were recorded by the delivery service at the time of mailing. The notification may contain an indication that it applies only to mailings using specified delivery services or delivery services which satisfy specified criteria. The International Bureau shall publish the information so notified in the Gazette. e) Any national Office or intergovernmental organization may proceed under paragraph d) : (i) even if, where applicable, the delivery service used was not one of those specified, or did not satisfy the criteria specified, in the relevant notification under paragraph d), or (ii) even if that Office or organization has not sent to the International Bureau a notification under paragraph d). 82.2 Interruption in the Mail Service a) Any interested party may offer evidence that on any of the 10 days preceding the day of expiration of the time limit the postal service was interrupted on account of war, revolution, civil disorder, strike, natural calamity, or other like reason, in the locality where the interested party resides or has his place of business or is staying. b) If such circumstances are proven to the satisfaction of the national Office or intergovernmental organization which is the addressee, delay in arrival shall be excused, provided that the interested party proves to the satisfaction of the said Office or organization that he effected the mailing within five days after the mail service was resumed. The provisions of Rule 82.1 c) shall apply mutatis mutandis. Rule 82hls Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits 82bis.l Meaning of „Time Limit” in Article 48(2) The reference to „any time limit” in Article 48(2) shall be construed as comprising a reference: (i) to any time limit fixed in the Treaty or these Regulations; (ii) to any time limit fixed by the receiving Office, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau or applicable by the receiving Office under its national law; (iii) to any time limit fixed by, or in the national law applicable by, the designated or elected Office, for the performance of any act by the applicant before that Office. 82bis.2 Reinstatement of Rights and Other Provisions to Which Article 48(2) Applies The provisions of the national law which is referred to in Article 48(2) concerning the excusing, by the designated or elected State, of any delay in meeting any time limit are those provisions which provide for reinstatement of rights, restoration, restitutio in integrum or further processing in spite of non-compliance with a time limit, and any other provision providing for the extension of time limits or for excusing delays in meeting time limits. Rule 82'er Rectification of Errors Made by the Receiving Office or by the International Bureau 82ter. 1 Errors Concerning the International Filing Date and the Priority Claim If the applicant proves to the satisfaction of any designated or elected Office that the international filing date is incorrect due to an error made by the receiving Office or that the priority claim has been erroneously considered by the receiving Office or the International Bureau not to have been made, and if the error is an error such that, had it been made by the designated or elected Office itself, that Office would rectify it under the national law or national practice, the said Office shall rectify the error and shall treat the international application as if it had been accorded the rectified international filing date or as if the priority claim had not been considered not to have been made. Rule 83 Right to Practice Before International Authorities 83.1 Proof of Right The International Bureau, the competent International Searching Authority, and the competent International Preliminary Examining Authority, may require the production of proof of the right to practice referred to in Article 49.
