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(2) However, with regard to the term of patents and industrial designs referred to in
paragraph (1), above, the provisions of Annexes I and III to the Agreement Relating to the
Creation of an African and Malagasy Office of Industrial Property, of September 13, 1962,
shall remain of application.
(3) Pursuant to paragraph (2), above, protection shall lapse:
(a) for patents, 20 years after their filing date; any certificates of addition shall lapse
together with the main patent;
(b) for industrial designs, 20 years after their filing date, even if the owner has not
requested maintenance of protection following the first five-year period in accordance with
the provisions of Article 8 of Annex III referred to in paragraph (2), above.
146.—(1) Pursuant to Article 133(5) of the Ordinance and subject to the declaration of
maintenance in force having been accepted by the Office, the trademarks referred to in
Article 133(1) and (2) of the Ordinance shall be governed by the provisions of that Ordinance
as from its entry into force.
(2) The provisions of paragraph (1), above, shall also apply to the term of protection for
trademarks subject to the owner of the registration submitting with the declaration of
maintenance in force, within the time limits laid down in Article 133(3) of the Ordinance, an
additional declaration in which he confirms his intention to maintain the registration of his
trademark or trademarks. The declaration shall be made in accordance with the form
prescribed in Annex II.
(3) The date of acceptance shall be entered on a copy of the declaration of confirmation
of the trademark registration which shall be entered in the Register of Trademarks and
published in the Official Gazette of Industrial Property. The term of validity of a trademark
shall be 10 years as from the aforementioned date of acceptance. The owner of the mark may,
where appropriate, claim earlier rights if the declaration of maintenance in force referred to in
paragraph (1), above, has been filed and accepted.
(4) The declaration of confirmation of registration of a mark shall be subject to
payment of the fee prescribed in Annex I.
(5) If the declaration of confirmation is not filed within the prescribed time limits and
the fee is not paid, the registration shall be deemed relinquished and a notice thereof shall be
made in the Register of Trademarks and in the Official Gazette of Industrial Property.
Chapter II
Final Provisions
147.—(1) Pursuant to Article 136 of the Ordinance, any transmission of a document by
modern telecommunication means such as telex or telefax shall be confirmed by sending an
original document within the month following the date of transmission by such means.
(2) Failure to comply with the time limit referred to in paragraph (1), above, shall mean
that the transmission by modern telecommunication means shall be deemed never to have
taken place.
148. Ordinance No. 89-019 of July 31, 1989, shall enter into force as of the date of
publication of this Decree.