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Executive Rules under the Uniform Benelux Designs Laws
Executive Rules under the
Uniform Benelux Designs Laws |
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| Chapter I
Benelux Deposit |
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| 1. The Benelux deposit of a design shall be effected in Dutch or French by the submission of a document containing: |
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| (a) the name and address of the depositor; |
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| (b) a photographic or graphic representation or representations of the appearance of the product; |
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| (c) a statement of the product in which the design is to be embodied; |
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| (d) a statement of the color or colors where the depositor claims protection for them; |
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| (e) the signature of the depositor or of his representative. |
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| 2. The document may also contain: |
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| (a) a description of not more than 150 words of the characteristic features of the new appearance of the product. Where colors are claimed, the depositor may also state in the description those parts of the design to which the colors relate; |
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| (b) the name of the true creator of the design; |
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| (c) a request for deferred publication of the registration as provided for in Article 6. |
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| 3. The depositor shall be required to use a form of which the model and the number of copies shall be laid down in the Administrative Regulations. |
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| 5. The representation of the design shall satisfy the requirements of the Administrative Regulations. |
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| 6. The product in which the design is or is to be embodied shall be designated in precise terms, preferably those of the alphabetical list of the International Classification referred to in the Locarno Agreement Establishing an International Classification for Industrial Designs of October 8, 1968. |
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| 1. The deposit shall be accompanied by the following documents: |
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| (b) the powers of attorney, where the deposit has been made by a representative; |
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| (c) the representations of the design as required by the Administrative Regulations; |
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| (d) proof of payment of the deposit fee, the publication fee and, where appropriate, the deferment fee referred to in Article 26.1(a), (b) or (c). |
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| 2. The means of reproduction referred to in the above paragraph shall satisfy the requirements of the Administrative Regulations. |
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| 1. The date of the deposit shall be the date of receipt, either by the Benelux Office or by a national office, of all documents on condition that they satisfy the requirements of Articles 1, 2, 3, 15 and 16. |
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| 2. Where those provisions are not complied with on deposit, the authority with which the deposit has been effected shall notify the person concerned thereof without delay and set a time limit for complying therewith or for submitting any observations. Such time limit may be extended on request or ex officio but may not exceed four months as from the date of dispatch of the first notification. The request for legalization referred to in Article 15.4 shall be assimilated to such notification. |
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| 3. A depositor who claims priority right shall be required to submit a certified copy of the documents proving such right. |
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| 1. A depositor who wishes to defer publication of the registration shall submit a request at the time of deposit, stating the period for which deferment is requested and providing proof of payment of the fee referred to in Article 26.1(c). |
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| 2. Deferment of publication of the registration of a multiple deposit may only be requested for all designs together and for the same period. |
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| 3. If a depositor who has requested deferred publication of the registration of a multiple deposit notifies the Benelux Office at the end of the period of deferment that he wishes publication of a part of the designs only, he shall state the numbers of the designs of which he wishes publication. |
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| 4. If the depositor informs the Benelux Office two months at the latest before expiry of the period of deferment that he does not wish the registration of the design to be published or, in the case of a multiple deposit, one or more of the designs to be published, the publication fee shall be refunded to him in whole or in part. |
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| 5. The depositor may at any time request that the period of deferment be terminated. |
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| The period referred to in Article 9.4 of the Uniform Law, during which the depositor may request the Benelux Office for a second publication of a design, shall be three months as from the date of first publication. |
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| The competent authority shall record in the instrument of deposit: |
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| (b) submission of the documents referred to in Article 2; |
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| (c) the amount of the fees; |
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| (d) where appropriate, the fact that publication of the registration has been deferred at the request of the depositor; |
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| (e) the date and number of the deposit. |
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| 1. The Benelux Office shall enter the instrument of deposit in the Register of Benelux Deposits with the following particulars: |
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| (a) the serial number of the registration; |
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| (b) the date and number of the deposit; |
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| (d) the date on which the registration expires; |
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| (e) the number of the class and subclass of the International Classification established by the above-mentioned Locarno Agreement in which has been classified the product in which the design is or is to be embodied. |
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| 1. Modifications to the situation of the design after registration of the instrument of deposit shall be entered in the Register of Benelux Deposits at the request of the owner. However, in the case referred to in the third subparagraph of Article 18.1 of the Uniform Law, the owner may only act jointly with the licensee. |
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| If such request in respect of a multiple deposit does not concern all the designs, the numbers of the designs concerned shall be stated. |
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| Where an assignment or transfer concerns the exclusive right in one or more designs contained in a multiple deposit, such part shall thereafter be deemed an independent deposit. |
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| 3. The extract from the instrument attesting to an assignment, other transfer or a license, referred to in Article 13.3 of the Uniform Law, shall be duly certified, where appropriate, by the contracting parties. |
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| 4. Cancellation of a registration following a final court decision shall be effected at the request of the earliest petitioner. |
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| 1. The Benelux Office shall enter renewals in the Register of Benelux Deposits, stating the date of renewal and the date on which the registration expires. |
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| 2. A renewal certificate shall be issued without delay to the owner by the Benelux Office. |
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| Chapter IV
International Deposit |
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| 1. In the case of international deposits for which the depositors have requested that they should have effect on the Benelux territory, the Benelux Office shall record in the Register of International Deposits the publications and notifications from the International Bureau for the Protection of Industrial Property referred to in Articles 9 and 20 of the Uniform Law. |
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| 2. In addition, decisions on cancellation or expiry and licenses shall be entered in the Register where they concern the Benelux territory. |
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| Chapter V
Administrative Provisions |
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| 1. All documents submitted to the Benelux Office or to the national offices shall be legible and drawn up in Dutch or French. However, documents proving a priority right, a change of name, extracts from instruments recording assignment, other transfer or a license or relevant declarations drawn up in another language shall be accepted if accompanied by a translation in Dutch or French. However, the Benelux Office may waive the requirement to supply such a translation if the above-mentioned documents are submitted in English or German or are accompanied by a translation in one of those languages. |
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| 2. The documents to be submitted to the Benelux Office or to the national offices may be communicated by telegraph, telex, or other similar means of communication by which printed or handwritten documents may be reproduced. A document reproduced in this manner shall be deemed to have been notified in compliance with the requirements of these Rules on the day of its transmission by one of the above-mentioned means if its contents are notified, in compliance with those same requirements, before the expiry of 14 days as from the above-mentioned transmission; failing that, the document shall be deemed not to have been notified. |
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| 3. Where a document submitted for entry in the registers kept by the Benelux Office is signed on behalf of a legal person, the name and capacity of the signatory shall be stated. |
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| 4. No legalization is required for the signature of documents submitted for entry, except where the Benelux Office or a national office deems necessary. |
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| 1. All transactions with the Benelux Office or a national office may be effected through a representative. Such representative must have his place of residence or headquarters on the Benelux territory and must submit powers of attorney. Where general powers of attorney have been filed with the Benelux Office or with a national office, it shall suffice to make reference to such powers. |
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| 2. In those cases where a representative has been appointed, all communications concerning transactions covered by the powers shall be addressed to him. |
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| 3. Persons who have neither headquarters nor a place of residence on the Benelux territory and who have not appointed a representative shall state a service address in those cases stipulated by these Rules. |
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| 1. Where the requirements of these Rules relating to a request for amendments to the registers kept by the Benelux Office or if the due fees and remuneration have not been paid, or not fully paid, the Benelux Office shall inform the person concerned thereof without delay and shall give him a time limit for compliance. |
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| The special declaration on maintenance of copyright referred to in Article 21.3 of the Uniform Law shall be filed with the Benelux Office and shall contain the name and address of the owner, his signature or that of his representative, where appropriate, the name and address of the representative or the service address referred to in Article 16.3 together with the registration number. |
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| 2. The registration of the claim action referred to in Article 5.1 of the Uniform Law shall be cancelled at the request of the earliest petitioner where the latter files either a final court decision showing that the claim has been rejected or a document proving that the action has been withdrawn. |
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| 1. The responsible authority shall confirm receipt of any document, whether submitted directly or by post, intended for entry in the registers kept by the Benelux Office. |
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| 2. On receipt by the responsible authority, each document shall be dated by means of a stamp comprising the hour, day, month and year of receipt. |
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| 3. The documents that arrive after closing time shall be deemed, failing proof to the contrary, to have been received at midnight of that same day and shall bear the stamp of that hour. |
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| 1. The time limits laid down by these Rules and expressed in months shall begin with the day on which the relevant event took place and shall expire, within the month concerned, on the day of which the date corresponds with the day on which the period of the time limit starts; however, where the month concerned does not have a corresponding day, the time limit shall expire on the last day of that month. |
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| 2. Where the service of the responsible authority is closed on the last day of a time limit laid down in the Uniform Law or in these Rules, the time limit shall be extended to the end of the first day of opening of such service. |
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| 4. As regards the acts affecting the date of the Benelux deposit, the Benelux Office and the services of the national offices shall be open on the same days and at the same times. |
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| 2. The priority documents referred to in Article 4D(3) of the Paris Convention shall be issued to those concerned by the Benelux Office or, where appropriate, by the national offices on payment of the fee laid down in Article 26.4(d). |
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| The Benelux Office and the national offices shall make available to those concerned the forms referred to in these Rules. |
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| 1. The Benelux Office shall keep a Register of Benelux Deposits and a Register of International Deposits. |
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| 2. The Registers, together with the documents submitted as proof of the recorded entries, may be consulted free of charge at the Benelux Office as from the date of publication of the registrations. |
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| 3. The Registers may likewise be consulted free of charge at the Belgian and Luxembourg national offices. |
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| 1. The publication referred to in Article 20 of the Uniform Law shall have the title Recueil des Dessins ou Modèles Benelux–Benelux-Tekeningen- of Modellenblad. |
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| 2. This publication shall contain, in the language of registration only; |
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| (b) all particulars recorded in relation to international deposits, as referred to in Article 14.2; |
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| (c) registration of the declaration referred to in Article 18; |
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| (d) registration of the claim action referred to in Article 19. |
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| Chapter VI
Fees and Remuneration |
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| 1. The fees for Benelux deposits, as regards the various transactions mentioned below, are fixed as follows: |
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| (a) deposit of one design (single deposit): |
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| 1. a deposit fee of F3,220 or f175; |
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| 2. a design publication fee of F313 or f17 for each standard space to be determined in the Regulations. A standard space may not contain more than two representations of the same design; |
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| 3. a publication fee for the description of the characteristic elements of the new appearance of the product of F1,620 or f88; |
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| (b) deposit of more than one design (multiple deposit): |
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| 1. a deposit fee of F3,220 or f175 for the first design; |
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| 2. a deposit fee of F1,601 or f87 per design from the second to the tenth design inclusive; |
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| 3. a deposit fee of F810 or f44 per design from the eleventh to the twentieth design inclusive; |
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| 4. a deposit fee of F644 or f35 per design for any subsequent designs; |
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| 5. a publication fee for designs of F313 or f17 per standard space to be determined by the Regulations. A standard space may not contain more than two representations of the same design or of differing designs comprised in the same deposit; |
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| 6. a fee for the publication of the description of the characteristic elements of the new appearance of the product of F1,620 or f88 per design; |
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| (c) the deferred publication fee: F1,601 or f87; |
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| (d) the renewal fee for a single deposit: F3,846 or f209; |
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| (e) the renewal fee for a multiple deposit: |
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| 1. F3,846 or f209 for the first design; |
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| 2. F1,932 or f105 per design from the second to the tenth design inclusive; |
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| 3. F975 or f53 per design from the eleventh to the twentieth design inclusive; |
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| 4. F810 or f44 per design for any subsequent designs; |
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| (g) the fee for registration of an assignment or transfer of one or more designs: F976 or f53 per deposit; if the registration concerns more than one deposit assigned or transferred to the same person: F488 or f26.50 for each subsequent deposit; |
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| (h) the fee for registration of a license in respect of one or more designs or for its cancellation: F976 or f53 per deposit; if registration or cancellation concerns more than one deposit and if the license is granted to the same person: F488 or f26.50 for each subsequent deposit; |
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| (i) the fee for recording a change of representative or a change in the name or address of the owner, of the licensee or of a change in the service address: F368 or f20 per deposit; if the registration concerns more than one deposit: F184 or f10 for each subsequent deposit; |
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| (j) the fee for registration of a change of name or of address of the representative: F368 or f20 up to 100 designs; if the change concerns more than 100 designs, a surcharge of F368 or f20 per group or fraction of a group of 100 designs. |
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| 2. The fees relating to international deposits in respect of the transactions referred to below shall be: |
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| the fee for registration of a license concerning one or more designs or its cancellation: F976 or f53 per deposit; if the registration or the cancellation concerns more than one deposit and the license is granted to the same person: F488 or f26.50 for each subsequent deposit. |
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| 3. For the acts mentioned below, a fee shall be payable as follows: |
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| 4. For the acts mentioned below, remuneration shall be payable as follows: |
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| (b) copies of a registration: F147 or f8 per registration and for all other copies, F74 or f4 per page; |
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| (c) certified copies of a registration: F736 or f40 per registration and for all other certified copies F184 or f10 per page; |
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| (f) correction after recording of an error in writing of the owner at his request: F368 or f20 per deposit; if the correction concerns more than one deposit: F184 or f10 for each subsequent deposit. |
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| 5. The surcharge due under Article 12.2 of the Uniform Law shall be F488 or f26.50. |
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| (a) by remittance or payment to the postal check account or bank account of the Benelux Office in the country in which the transactions are effected; |
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| (b) by written request - in duplicate - to debit the amount to a current account opened by the depositor or his representative with the Benelux Office. In such case, the holder of the account receives at least once a quarter a recapitulation of payments and communication of the balance of his account; |
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| (c) by a check drawn up to the order of the Benelux Office. |
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| 2. Payment for issues of the Recueil des Dessins ou Modèles Benelux–Benelux-Tekeningen- of Modellenblad and annual subscriptions shall be made as set out in paragraph 1. |
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| 3. All payments must indicate clearly and fully the purposes of the payment, with a detailed statement of each operation, where appropriate. |
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| The following shall be held proof of payment: |
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| (a) the document issued by a postal service, by the postal check office or bank or a copy of the document if it shows that the remittance or transfer has been made; |
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| (b) the written request to debit the amount to a current account with the Benelux Office where such account has a sufficient balance; |
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| (c) the check, subject to collection of the check. |
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| The price of the Recueil des Dessins ou Modèles Benelux–Benelux-Tekeningen- of Modellenblad shall be F313 or f17 per issue. |
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| The price of the yearly subscription shall be F3,220 or f175. |
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| These prices shall be increased by F27 or f1.50 per issue or F313 or f17 for subscriptions outside the Benelux territory. |
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| 1. The Executive Board may adjust the schedule of fees laid down in these Rules to allow for increases in the operating expenses of the Benelux Office. Adjustment may only be made once a year. |
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| 2. If the official parities of the Belgian franc, the Luxembourg franc or the florin are changed with respect to each other, the Executive Board shall adjust the schedule of fees laid down in these Rules as a function of such change. The decision may be taken following an emergency procedure laid down in the rules of the Executive Board. |
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| 3. The new schedules of fees shall be published in the Official Gazette of each of the Benelux countries and in the Recueil des Dessins ou Modèles Benelux–Benelux-Tekeningen- of Modellenblad; they shall enter into force on the date laid down by the Executive Board and, at the earliest, on the date of last publication in an Official Gazette. |
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