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Section II
International Applications
79. As from the entry into force of the Ordinance and of this Decree, and in application
of Article 47(3) of the Ordinance, the tasks of the receiving Office as defined in Article 2 of
the PCT shall be transferred to the International Bureau of the World Intellectual Property
Organization (WIPO) until further order.
80.—(1) Notwithstanding the provisions in Articles 32 to 34 of this Decree, the person
filing an international patent application that designates Madagascar may claim priority of a
regular Malagasy filing of an earlier patent or inventor’s certificate having the same subject
matter.
(2) Regular filing shall mean any filing that is sufficient to establish the date on which
the application has been filed in accordance with Article 13 of this Decree whatever the
subsequent outcome of such application.
81. If, by reason of application of Article 80, above, two patents, one patent and one
inventor’s certificate or two inventors’ certificates are granted by the Office with respect of
the same invention, the patent or inventor’s certificate resulting from the Malagasy filing shall
have no effect to the extent that the latter is identical with the patent or inventor’s certificate
granted by the Office on the basis of the international application claiming the priority of such
national filing in application of the conditions laid down in Article 4 of the Paris Convention.
82. Any person filing an international application that designates Madagascar shall be
required, in accordance with Articles 22(1) and 39(1)(a) of the PCT, to supply a translation of
the application in French and pay the filing fee.
Section III
Transitional Provisions on International Applications
83. Notwithstanding the general transitional provisions contained in Articles 142 to 146
of this Decree, where the time limits referred to in Articles 22(1) and 39(1)(a) of the PCT
have expired with respect to an international application that designates Madagascar prior to
the entry into force of the Ordinance and of this Decree, the applicant may comply with the
conditions set out in Article 82, above, within a period of two years as from the
aforementioned date of entry into force.
84. The two-year period referred to in Article 83, above, shall also apply where the
time limits laid down in Articles 22(1) and 39(1)(a) of the PCT expire during the year
following the date of entry into force of the Ordinance and of this Decree.