Article 5
Implementation of International Treaties
On a decision by the Administrative Council referred to in Article 27 and subsequent
Articles of this Agreement, the Organization may take all measures necessary for the
application of the administrative procedures arising from implementation of the international
treaties concerning intellectual property to which the member States have acceded.
Section II
Operating Procedures and Rules
Article 6
Filing of Applications
(1) Patent applications, applications for the registration of utility models, trademarks or
service marks, industrial designs, trade names, geographical indications or layout-designs
(topographies) of integrated circuits and applications for plant variety certificates shall be
filed direct with the Organization.
(2) Notwithstanding paragraph (1), any member State may demand that the application
be filed with the national administration of that State where the applicant is domiciled on its
territory. A record shall be taken, and a copy thereof issued to the applicant, by the national
administration which shall attest every filing and specify the date and time of the filing of the
documents. The national administration shall convey the application to the Organization
within a period of five (5) working days from filing.
(3) Applicants domiciled outside the territory of the member States shall file through an
agent selected in one of those member States. The exercise of the profession of agent
accredited to the Organization shall be governed by special rules adopted by the
Administrative Council.
(4) Applications filed with the Organization or the national administration may be
conveyed by postal or any other legal means of communication.
(5)(a) The Organization shall act as receiving Office within the meaning of the Patent
Cooperation Treaty with respect to international applications filed by residents and nationals
of member States, except where an agreement within the meaning of subparagraph (b) below
has been concluded.
(b) The Organization may, under the relevant provision of the Regulations Under the
Patent Cooperation Treaty, agree with another Contracting State of the Patent Cooperation
Treaty or with any other intergovernmental organization that the national Office of that State
or that intergovernmental organization shall act in place of the Organization as receiving
Office for applicants who are residents or nationals of a member State.
Article 7
Filing and Registration
of National and International Applications
(1) Subject to the provisions of paragraphs (2) to (4) below, any filing effected with the
administration of one of the member States in accordance with the provisions of this
Agreement, or with the Organization, shall be equivalent to a national filing in each member
State.