[Place of Filing] Applications shall be filed with the International Bureau.
(2)
[Application Filed by Competent Authority] Subject to paragraph (3), the application for the international registration of an appellation of origin or a geographical indication shall be filed by the Competent Authority in the name of:
i)
the beneficiaries; or
ii)
a natural person or legal entity having legal standing under the law of the Contracting Party of Origin to assert the rights of the beneficiaries or other rights in the appellation of origin or geographical indication.
(3)
[Application Filed Directly] a)Without prejudice to paragraph (4), if the legislation of the Contracting Party of Origin so permits, the application may be filed by the beneficiaries or by a natural person or legal entity referred to in paragraph (2)(ii).
b)
Subparagraph (a) applies subject to a declaration from the Contracting Party that its legislation so permits. Such declaration may be made by the Contracting Party at the time of deposit of its instrument of ratification or accession or at any later time. Where the declaration is made at the time of the deposit of its instrument of ratification or accession, it shall take effect upon the entry into force of this Act with respect to that Contracting Party. Where the declaration is made after the entry into force of this Act with respect to the Contracting Party, it shall take effect three months after the date on which the Director General has received the declaration.
(4)
[Possible Joint Application in the Case of a Trans-border Geographical Area] In case of a geographical area of origin consisting of a trans-border geographical area, the adjacent Contracting Parties may, in accordance with their agreement, file an application jointly through a commonly designated Competent Authority.
(5)
[Mandatory Contents] The Regulations shall specify the mandatory particulars that must be included in the application, in addition to those specified in
[Formal Examination by the International Bureau] Upon receipt of an application for the international registration of an appellation of origin or a geographical indication in due form, as specified in the Regulations, the International Bureau shall register the appellation of origin, or the geographical indication, in the International Register.
(2)
[Date of International Registration] Subject to paragraph (3), the date of the international registration shall be the date on which the application was received by the International Bureau.
(3)
[Date of International Registration Where Particulars Missing] Where the application does not contain all the following particulars:
i)
the identification of the Competent Authority or, in the case of
the appellation of origin, or the geographical indication, for which international registration is sought;
iv)
the good or goods to which the appellation of origin, or the geographical indication, applies;
the date of the international registration shall be the date on which the last of the missing particulars is received by the International Bureau.
4)
[Publication and Notification of International Registrations] The International Bureau shall, without delay, publish each international registration and notify the Competent Authority of each Contracting Party of the international registration.
(5)
[Date of Effect of International Registration] a) Subject to subparagraph (b), a registered appellation of origin or geographical indication shall, in each Contracting Party that has not refused protection in accordance with
, be protected from the date of the international registration.
b)
A Contracting Party may, in a declaration, notify the Director General that, in accordance with its national or regional legislation, a registered appellation of origin or geographical indication is protected from a date that is mentioned in the declaration, which date shall however not be later than the date of expiry of the time limit for refusal specified in the Regulations in accordance with
[International Registration Fee] International registration of each appellation of origin, and each geographical indication, shall be subject to payment of the fee specified in the Regulations.
(2)
[Fees for Other Entries in the International Register] The Regulations shall specify the fees to be paid in respect of other entries in the International Register and for the supply of extracts, attestations, or other information concerning the contents of the international registration.
(3)
[Fee Reductions] Reduced fees shall be established by the Assembly in respect of certain international registrations of appellations of origin, and in respect of certain international registrations of geographical indications, in particular those in respect of which the Contracting Party of Origin is a developing country or a least-developed country.
(4)
[Individual Fee]
a)Any Contracting Party may, in a declaration, notify the Director General that the protection resulting from international registration shall extend to it only if a fee is paid to cover its cost of substantive examination of the international registration. The amount of such individual fee shall be indicated in the declaration and can be changed in further declarations. The said amount may not be higher than the equivalent of the amount required under the national or regional legislation of the Contracting Party diminished by the savings resulting from the international procedure. Additionally, the Contracting Party may, in a declaration, notify the Director General that it requires an administrative fee relating to the use by the beneficiaries of the appellation of origin or the geographical indication in that Contracting Party.
b)
Non-payment of an individual fee shall, in accordance with the Regulations, have the effect that protection is renounced in respect of the Contracting Party requiring the fee.
[Dependency] International registrations shall be valid indefinitely, on the understanding that the protection of a registered appellation of origin or geographical indication shall no longer be required if the denomination constituting the appellation of origin, or the indication constituting the geographical indication, is no longer protected in the Contracting Party of Origin.
(2)
[Cancellation]
a)
The Competent Authority of the Contracting Party of Origin, or, in the case of
(2)(ii) or the Competent Authority of the Contracting Party of Origin, may at any time request the International Bureau to cancel the international registration concerned.
b)
In case the denomination constituting a registered appellation of origin, or the indication constituting a registered geographical indication, is no longer protected in the Contracting Party of Origin, the Competent Authority of the Contracting Party of Origin shall request cancellation of the international registration.