Einde inhoudsopgave
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on June 27, 1989
Article 15 Denunciation
Geldend
Geldend vanaf 01-12-1995
- Redactionele toelichting
Het Protocol is op 01-04-1996 operationeel geworden.
- Bronpublicatie:
27-06-1989, Trb. 1990, 44 (uitgifte: 15-03-1990, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-12-1995
- Bronpublicatie inwerkingtreding:
16-02-1998, Trb. 1998, 43 (uitgifte: 01-01-1998, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Modellen- en merkenrecht
1.
This Protocol shall remain in force without limitation as to time.
2.
Any Contracting Party may denounce this Protocol by notification addressed to the Director General.
3.
Denunciation shall take effect one year after the day on which the Director General has received the notification.
4.
The right of denunciation provided for by this Article shall not be exercised by any Contracting Party before the expiry of five years from the date upon which this Protocol entered into force with respect to that Contracting Party.
5
a)
Where a mark is the subject of an international registration having effect in the denouncing State or intergovernmental organization at the date on which the denunciation becomes effective, the holder of such registration may file an application for the registration of the same mark with the Office of the denouncing State or intergovernmental organization, which shall be treated as if it had been filed on the date of the international registration according to Article 3.4) or on the date of recordal of the territorial extension according to Article 3ter.2) and, if the international registration enjoyed priority, enjoy the same priority, provided that
- (i)
such application is filed within two years from the date on which the denunciation became effective,
- (ii)
the goods and services listed in the application are in fact covered by the list of goods and services contained in the international registration in respect of the denouncing State or intergovernmental organization, and
- (iii)
such application complies with all the requirements of the applicable law, including the requirements concerning fees.
b)
The provisions of subparagraph a) shall also apply in respect of any mark that is the subject of an international registration having effect in Contracting Parties other than the denouncing State or intergovernmental organization at the date on which denunciation becomes effective and whose holder, because of the denunciation, is no longer entitled to file international applications under Article 2.1).