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Regulations under the Treaty on the International Registration of Audiovisual Wo

来源:知识产权学术与实务研究网  作者:  时间:2008-06-11  阅读数:

(7) [Interest of the Applicant]

(a) In any work–related application, the application shall indicate the interest of the applicant in or concerning the work, whether existing or future. Where the interest consists of a right of exploitation of the work, the nature of the right and the territory for which the right belongs to the applicant shall also be indicated.

(b) In any person–related application, the application shall indicate the interest of the applicant in or concerning the described, existing or future, work or works, in particular any right that limits or negates, for the benefit of the applicant or another person, the right of exploitation of the work or works.

(c) Where the interest is limited in time, the application may express such a limit.

(8) [Source of Rights] Where a work–related application concerns a right in the work, the application shall indicate, where the right originally vested in the applicant, that fact, or, where the right is derived from a natural person or legal entity other than the applicant, the name and address of such person or entity and the legal cause of the derivation.

(9) [Accompanying Documents and Identifying Material]

(a) Any application may be accompanied by documents supporting the statements contained in the application. Any such document in a language other than English or French shall be accompanied, in English, by an indication of the nature and essence of the document; otherwise, the International Registry shall treat the document as if it had not been attached.

(b) Any application may be accompanied by material, other than documents, susceptible of identifying the work.

(10) [Statement of Veracity] The application shall contain a statement to the effect that the statements contained therein are, to the knowledge of the applicant, true, and that any accompanying document is an original or is a true copy of an original.

(11) [Signature] The application shall be signed by the applicant or by his representative appointed as provided in paragraph (12).

(12) [Representation]

(a) Any applicant or holder of the registration may be represented by a representative who may be appointed in the application, in a separate power of attorney relating to a specific application or registration, or in a general power of attorney, signed by the applicant or holder of the registration.

(b) A general power of attorney enables the representative to represent the applicant or holder of the registration in connection with all the applications or registrations of the person having given the general power of attorney.

(c) Any appointment of a representative shall be in force until it is revoked in a communication signed by the person who made the appointment and addressed to the International Registry or until it is renounced by the representative in a communication signed by the representative and addressed to the International Registry.

(d) The International Registry shall address to the representative any communication intended for the applicant or holder of the registration under these Regulations; any communication so addressed to the representative shall have the same effect as if it had been addressed to the applicant or holder of the registration. Any communication addressed to the International Registry by the representative shall have the same effect as if it had originated with the applicant or holder of the registration.

(13) [Fees] For each application, the applicant shall indicate the prescribed data necessary for the calculation of the fee and pay the prescribed fee, which must reach the International Registry not later than the day on which the application is received by the International Registry. If the prescribed data necessary for the calculation of the fee is communicated to the International Registry and the prescribed fee reaches the International Registry within 30 days from the date on which the application was actually received by the International Registry, the application shall be considered as having been received by the International Registry on the date on which the prescribed data necessary for the calculation of the fee had been communicated to the International Registry and the prescribed fee has reached the International Registry, whichever occurs later.

 

Rule 3
Processing of the Application

 

(1) [Corrections] If the International Registry notices what it believes to be an inadvertent omission, two or more statements conflicting with each other, a mistake of transcription, or another obvious error, in the application, it shall invite the applicant to correct the application. Any correction by the applicant must, in order to be taken into consideration, reach the International Registry within 30 days from the date of the invitation to correct the application.

(2) [Giving Possibility to Remove Contradictions]

(a) Where, in the opinion of the International Registry, any statement contained in an application is in contradiction to any statement that, on the basis of an earlier application, is the subject matter of an existing registration in the International Register, the International Registry shall immediately,

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