Rule 20bis Licenses

1.

a)

A request for the recording of a license shall be presented to the International Bureau on the relevant official form by the holder or, if the Office admits such presentation, by the Office of the Contracting Party of the holder or the Office of a Contracting Party with respect to which the license is granted.

b)

The request shall indicate

(i)

the number of the international registration concerned,

(ii)

the name of the holder,

(iii)

the name and address of the licensee, given in accordance with the Administrative Instructions,

(iv)

the designated Contracting Parties with respect to which the license is granted,

(v)

that the license is granted for all the goods and services covered by the international registration, or the goods and services for which the license is granted, grouped in the appropriate classes of the International Classification of Goods and Services.

c)

The request may also indicate

(i)

where the licensee is a natural person, the State of which the licensee is a national,

(ii)

where the licensee is a legal entity, the legal nature of that entity and the State and, where applicable, the territorial unit within that State, under the law of which the said legal entity has been organized,

(iii)

that the license concerns only a part of the territory of a specified designated Contracting Party,

(iv)

where the licensee has a representative, the name and address of the representative, given in accordance with the Administrative Instructions,

(v)

where the license is an exclusive license or a sole license, that fact,1)

(vi)

where applicable, the duration of the license.

d)

The request shall be signed by the holder or by the Office through which it is presented.

2.

a)

If the request for the recording of a license does not comply with the requirements of paragraph (1)(a), (b) and (d), the International Bureau shall notify that fact to the holder and, if the request was presented by an Office, to that Office.

b)

If the irregularity is not remedied within three months from the date of the notification of the irregularity by the International Bureau, the request shall be considered abandoned, and the International Bureau shall notify accordingly and at the same time the holder and, if the request was presented by an Office, that Office, and refund any fees paid, after deduction of an amount corresponding to one-half of the relevant fees referred to in item 7 of the Schedule of Fees, to the party having paid those fees.

3.

a)

Where the request complies with the requirements of paragraph (1)(a), (b) and (d), the International Bureau shall record the license in the International Register, together with the information contained in the request, shall notify accordingly the Offices of the designated Contracting Parties in respect of which the license is granted and shall inform at the same time the holder and, if the request was presented by an Office, that Office.

b)

The license shall be recorded as of the date of receipt by the International Bureau of a request complying with the applicable requirements.

c)

Notwithstanding subparagraph (b), where continued processing has been recorded under Rule 5bis, the license shall be recorded in the International Register as of the date of expiry of the time limit specified in paragraph (2)(b).

4.

5.

a)

The Office of a designated Contracting Party which is notified by the International Bureau of the recording of a license in respect of that Contracting Party may declare that such recording has no effect in the said Contracting Party.

b)

The declaration referred to in subparagraph (a) shall indicate

(i)

the reasons for which the recording of the license has no effect,

(ii)

where the declaration does not affect all the goods and services to which the license relates, those which are affected by the declaration or those which are not affected by the declaration,

(iii)

the corresponding essential provisions of the law, and

(iv)

whether such declaration may be subject to review or appeal.

c)

The declaration referred to in subparagraph (a) shall be sent to the International Bureau before the expiry of 18 months from the date on which the notification referred to in paragraph (3) was sent to the Office concerned.

d)

The International Bureau shall record in the International Register any declaration made in accordance with subparagraph (c) and shall notify accordingly the party (holder or Office) that presented the request to record the license. The declaration shall be recorded as of the date of receipt by the International Bureau of a communication complying with the applicable requirements.

e)

Any final decision relating to a declaration made in accordance with subparagraph (c) shall be notified to the International Bureau which shall record it in the International Register and notify accordingly the party (holder or Office) that presented the request to record the license.

6.

(a)

The Office of a Contracting Party the law of which does not provide for the recording of trademark licenses may notify the Director General that the recording of licenses in the International Register has no effect in that Contracting Party.

b)

The Office of a Contracting Party the law of which provides for the recording of trademark licenses may, before the date on which this Rule comes into force or the date on which the said Contracting Party becomes bound by the Protocol, notify the Director General that the recording of licenses in the International Register has no effect in that Contracting Party. Such notification may be withdrawn at any time2).