Article 4 Representation; Address for Service

Geldend

Documentgegevens:

Geldend vanaf 01-08-1996

Bronpublicatie:: 27-10-1994, Trb. 1995, 255 (uitgifte: 03-11-1995, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-08-1996
Bronpublicatie inwerkingtreding:: 01-02-2007, Trb. 2007, 23 (uitgifte: 01-02-2007, kamerstukken/regelingnummer: -)
Vakgebied(en): Intellectuele-eigendomsrecht / Modellen- en merkenrecht

1. [Representatives Admitted to Practice]

Any Contracting Party may require that any person appointed as representative for the purposes of any procedure before the Office be a representative admitted to practice before the Office.

2. [Mandatory Representation; Address for Service]

a)

Any Contracting Party may require that, for the purposes of any procedure before the Office, any person who has neither a domicile nor a real and effective industrial or commercial establishment on its territory be represented by a representative.

b)

Any Contracting Party may, to the extent that it does not require representation in accordance with subparagraph a), require that, for the purposes of any procedure before the Office, any person who has neither a domicile nor a real and effective industrial or commercial establishment on its territory have an address for service on that territory.

3. [Power of Attorney]

a)

Whenever a Contracting Party allows or requires an applicant, a holder or any other interested person to be represented by a representative before the Office, it may require that the representative be appointed in a separate communication (hereinafter referred to as ‘power of attorney’) indicating the name of, and signed by, the applicant, the holder or the other person, as the case may be.

b)

The power of attorney may relate to one or more applications and/or registrations identified in the power of attorney or, subject to any exception indicated by the appointing person, to all existing and future applications and/or registrations of that person.

c)

The power of attorney may limit the powers of the representative to certain acts. Any Contracting Party may require that any power of attorney under which the representative has the right to withdraw an application or to surrender a registration contain an express indication to that effect.

d)

Where a communication is submitted to the Office by a person who refers to himself in the communication as a representative but where the Office is, at the time of the receipt of the communication, not in possession of the required power of attorney, the Contracting Party may require that the power of attorney be submitted to the Office within the time limit fixed by the Contracting Party, subject to the minimum time limit prescribed in the Regulations. Any Contracting Party may provide that, where the power of attorney has not been submitted to the Office within the time limit fixed by the Contracting Party, the communication by the said person shall have no effect.

e)

As regards the requirements concerning the presentation and contents of the power of attorney, no Contracting Party shall refuse the effects of the power of attorney,

(i): where the power of attorney is presented in writing on paper, if it is presented, subject to paragraph 4, on a form corresponding to the power of attorney Form provided for in the Regulations,
(ii): where the Contracting Party allows the transmittal of communications to the Office by telefacsimile and the power of attorney is so transmitted, if the paper copy resulting from such transmittal corresponds, subject to paragraph 4, to the power of attorney Form referred to in item (i).

4. [Language]

Any Contracting Party may require that the power of attorney be in the language, or in one of the languages, admitted by the Office.

5. [Reference to Power of Attorney]

Any Contracting Party may require that any communication made to the Office by a representative for the purposes of a procedure before the Office contain a reference to the power of attorney on the basis of which the representative acts.

6. [Prohibition of Other Requirements]

No Contracting Party may demand that requirements other than those referred to in paragraphs 3 to 5 be complied with in respect of the matters dealt with in those paragraphs.

7. [Evidence]

Any Contracting Party may require that evidence be furnished to the Office where the Office may reasonably doubt the veracity of any indication contained in any communication referred to in paragraphs 2 to 5.