(11) A patent granted by the Office shall in each designated State be subject to
provisions of the applicable national law on compulsory licences, forfeiture or the use
of patent inventions in the public interest.
SECTION 4
Industrial Designs
(1) An application for the registration of an industrial design filed shall—
(i)
identify the applicant;
(ii)
contain a reproduction of the industrial design;
(iii)
designate the Contracting States for which the registration is
requested to have effect;
(iv)
be subject to the payment of the prescribed fees.
(2) (a) The Office shall examine whether the formal requirements for applications
have been complied with and shall accord the appropriate filing date to the
application.
(b) If the Office finds that the application does not comply with the formal
requirements, it shall notify the applicant accordingly, inviting him to comply with
the requirements within the prescribed period. If the applicant does not comply with
the requirements within the said period, the Office shall refuse the application.
(c) The Office shall notify each designated State of the fact that an application for the
registration of an industrial design has been filed which complies with the prescribed
formal requirements.
(3) Before the expiration of six months from the date of the notification referred to in
subsection (2) (c), each designated State may make a written communication to the
Office that, if the industrial design is registered by the Office, that registration shall
have no effect in its territory for the reason—
(i)
that the industrial design is not new;
(ii)
that, because of the nature of the industrial design, it cannot be
registered or a registration has no effect under the national law of that State; or
(iii)
that, in the case of a textile design, it is the subject a special register.
(4) After the expiration of the said six months, the Office shall effect the registration
of the industrial design which shall have effect in those designated States which have
not made the communication referred to in subsection (3). The Office shall publish
the registration.
(5) If the Office refuses the application, the applicant may, within three months from
being notified of such refusal, request that his application be treated, in any
designated State, as an application according to the national law of that State.
(6) On each anniversary of the filing of the application, the Office shall collect the
prescribed annual maintenance fee, part of which shall be distributed among the
designated States concerned. The amount of the fee shall depend on the number of
States in respect of which the application or registration is maintained. Provided it is
maintained, the registration of an industrial design effected by the Office shall in each
designated State have the same effect as a registration effected or otherwise in force
under the applicable national law but not beyond the maximum duration provided for
under the said law.
(7) An industrial design registered by the Office shall in each designated State be
subject to the provisions of the applicable national law on compulsory licences or the
use of registered industrial designs in the public interest.
SECTION 5
Regulations
(1) The Administrative Council of ARIPO shall make Regulations for the
implementation of this Protocol and may amend them, where necessary.
(2) The Regulations shall in particular relate to—
(i)
any administrative requirements, matters of procedure or any details
necessary for the implementation of the provisions of this Protocol and any relevant
international treaties;