Rule 40 Entry into Force; Transitional Provisions

1.

2.

a)

Notwithstanding paragraph (1),

(i)

an international application the request for presentation to the International Bureau of which was received by the Office of origin before February 1, 2020, shall, to the extent that it conforms to the requirements of the Common Regulations, be deemed to conform to the applicable requirements for the purposes of Rule 14;

(ii)

a subsequent designation or a request for recording presented to the International Bureau before February 1, 2020, shall, to the extent that it conforms to the requirements of the Common Regulations, be deemed to conform to the applicable requirements for the purposes of Rules 5bis, 20bis(3), 24(8), 27, 27bis or 27ter;

(iii)

an international application, a subsequent designation or a request for recording that, before February 1, 2020, has been the subject of any action by the International Bureau under Rules 11, 12, 13, 20bis(2), 24(5), 26 or 27bis(3)(a) of the Common Regulations, shall continue to be processed by the International Bureau under the said Rules; the date of the resulting international registration or recording in the International Register shall be governed by Rules 15, 20bis(3)(b), 24(6), 27(1)(b) and (c) or 27bis(4)(b) of the Common Regulations;

(iv)

a notification under Articles 4bis(2), 5(1) and (2), 5(6) or 6(4) of the Protocol or under Rules 21bis, 23 or 34(3)(c) of the Common Regulations sent to the International Bureau before February 1, 2020, shall, to the extent that it conforms to the requirements of the Common Regulations, be deemed to conform to the applicable requirements for the purposes of Rules 17(4), 19(2), 21(2), 21bis(4), 22(2), 23(2) or 34(3)(d);

(v)

a communication, a statement, declaration or final decision under Rules 16, 18bis, 18ter, 20, 20bis(5), 23bis or 27(4) or (5) of the Common Regulations sent to the International Bureau before February 1, 2020, shall, to the extent that it conforms to the requirements of the Common Regulations, be deemed to conform to the applicable requirements for the purposes of Rules 16(2), 18bis(2), 18ter(5), 20(3), 20bis(5)(d), 23bis(3), 27(4)(d) and (e) or (5)(d) and (e).

b)

For the purposes of Rule 34(7), the fees valid at any date before February 1, 2020, shall be the fees prescribed by Rule 34(1) of the Common Regulations.

c)

A notification under Rules 6(2)(iii), 7(2), 17(5)(d), 20bis(6), 27bis(6), 27ter(2)(b), 34(3)(a) or 40(6) of the Common Regulations sent by the Office of a Contracting Party to the International Bureau before February 1, 2020, shall continue to have effects in accordance with Rules 6(2)(iii), 7(2), 17(5)(d), 20bis(6), 27bis(6), 27ter(2)(b), 34(3)(a) or 40(6).

d)

[Deleted]

3.

4.

a)

Rule 6 of the Common Regulations as in force before April 1, 2004, shall continue to apply to any international application filed before that date and to any international application governed exclusively by the Agreement filed between that date and August 31, 2008, inclusively, as defined in Rule 1(viii) of the Common Regulations, to any communication relating thereto and to any communication, recording in the International Register or publication in the Gazette relating to the international registration resulting therefrom, unless

(i)

the international registration has been the subject of a subsequent designation under the Protocol in accordance with Rule 24(1)(c) of the Common Regulations between April 1, 2004, and August 31, 2008; or

(ii)

the international registration is the subject of a subsequent designation on or after September 1, 2008; and

(iii)

the subsequent designation is recorded in the International Register.

b)

For the purposes of this paragraph, an international application is deemed to be filed on the date on which the request to present the international application to the International Bureau is received, or deemed to have been received under Rule 11(1)(a) or (c) of the Common Regulations, by the Office of origin, and an international registration is deemed to be the subject of a subsequent designation on the date on which the subsequent designation is presented to the International Bureau, if it is presented directly by the holder, or on the date on which the request for presentation of the subsequent designation is filed with the Office of the Contracting Party of the holder if it is presented through the latter.

5.

6.

7.

8.