Zakon o potvrđivanju Ženevskog akta Lisabonskog aranžmana o imenima porekla i geografskim oznakama

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Zakon o potvrđivanju Ženevskog akta Lisabonskog aranžmana o imenima porekla i geografskim oznakama

CHAPTER IVČl. Article 15–Article 20

Refusal and Other Actions in Respect of International Registrations

Article15

Refusal

1)
[Refusal of Effects of International Registration] a) Within the time limit specified in the Regulations, the Competent Authority of a Contracting Party may notify the International Bureau of the refusal of the effects of an international registration in its territory. The notification of refusal may be made by the Competent Authority ex officio, if its legislation so permits, or at the request of an interested party.
b)
The notification of refusal shall set out the grounds on which the refusal is based.
(2)
[Protection Under Other Instruments] The notification of a refusal shall not be detrimental to any other protection that may be available, in accordance with (2), to the denomination or indication concerned in the Contracting Party to which the refusal relates.
(3)
[Obligation to Provide Opportunity for Interested Parties] Each Contracting Party shall provide a reasonable opportunity, for anyone whose interests would be affected by an international registration, to request the Competent Authority to notify a refusal in respect of the international registration.
(4)
[Registration, Publication and Communication of Refusals] The International Bureau shall record the refusal and the grounds for the refusal in the International Register. It shall publish the refusal and the grounds for the refusal and shall communicate the notification of refusal to the Competent Authority of the Contracting Party of Origin or, where the application has been filed directly in accordance with (3), the beneficiaries or the natural person or legal entity referred to in (2)(ii) as well as the Competent Authority of the Contracting Party of Origin.
(5)
[National Treatment] Each Contracting Party shall make available to interested parties affected by a refusal the same judicial and administrative remedies that are available to its own nationals in respect of the refusal of protection for an appellation of origin or a geographical indication.
Article16

Withdrawal of Refusal

A refusal may be withdrawn in accordance with the procedures specified in the Regulations. A withdrawal shall be recorded in the International Register.
Article17

Transitional Period

1)
[Option to Grant Transitional Period] Without prejudice to , where a Contracting Party has not refused the effects of an international registration on the ground of prior use by a third party or has withdrawn such refusal or has notified a grant of protection, it may, if its legislation so permits, grant a defined period as specified in the Regulations, for terminating such use.
(2)
[Notification of a Transitional Period] The Contracting Party shall notify the International Bureau of any such period, in accordance with the procedures specified in the Regulations.
Article18

Notification of Grant of Protection

The Competent Authority of a Contracting Party may notify the International Bureau of the grant of protection to a registered appellation of origin or geographical indication. The International Bureau shall record any such notification in the International Register and publish it.
Article19

Invalidation

1)
[Opportunity to Defend Rights] Invalidation of the effects, in part or in whole, of an international registration in the territory of a Contracting Party may be pronounced only after having given the beneficiaries an opportunity to defend their rights. Such opportunity shall also be given to the natural person or legal entity referred to in (2)(ii).
(2)
[Notification, Recordal and Publication] The Contracting Party shall notify the invalidation of the effects of an international registration to the International Bureau, which shall record the invalidation in the International Register and publish it.
(3)
[Protection Under Other Instruments] Invalidation shall not be detrimental to any other protection that may be available, in accordance with (2), to the denomination or indication concerned in the Contracting Party that invalidated the effects of the international registration.
Article20

Modifications and Other Entries in the International Register

Procedures for the modification of international registrations and other entries in the International Register shall be specified in the Regulations.