Commission Regulation (EC) No 2245/2002Show full title

CHAPTER IX U.K. NOTIFICATIONS

Article 47 U.K. General provisions on notifications

1. In proceedings before the Office, any notifications to be made by the Office shall take the form of the original document, of a copy thereof certified by, or bearing the seal of, the Office or of a computer print-out bearing such seal. Copies of documents emanating from the parties themselves shall not require such certification.

2. Notifications shall be made:

(a) by post in accordance with Article 48;

(b) by hand delivery in accordance with Article 49;

(c) by deposit in a post box at the Office in accordance with Article 50;

(d) by fax and other technical means in accordance with Article 51;

(e) by public notification in accordance with Article 52.

[F1 3. Communications between the Office and the International Bureau shall be in a mutually agreed manner and format, where possible by electronic means. Any reference to forms shall be construed as including forms available in electronic format.]

Textual Amendments

F1 Inserted by Commission Regulation (EC) No 876/2007 of 24 July 2007 amending Regulation (EC) No 2245/2002 implementing Council Regulation (EC) No 6/2002 on Community designs following the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs (Text with EEA relevance).

Article 48 U.K. Notification by post

1. Decisions subject to a time limit for appeal, summonses and other documents as determined by the President of the Office shall be notified by registered letter with acknowledgement of delivery.

Decisions and communications subject to another time limit shall be notified by registered letter, unless the President of the Office determines otherwise.

All other communications shall be ordinary mail.

2. Notifications to addressees having neither their domicile nor their principal place of business nor an establishment in the Community and who have not appointed a representative in accordance with Article 77(2) of Regulation (EC) No 6/2002 shall be effected by posting the document requiring notification by ordinary mail to the last address of the addressee known to the Office.

Notification shall be deemed to have been effected when the posting has taken place.

3. Where notification is effected by registered letter, whether or not with acknowledgement of delivery, it shall be deemed to be delivered to the addressee on the 10th day following that of its posting, unless the letter has failed to reach the addressee or has reached him/her at a later date.

In the event of any dispute, it shall be for the Office to establish that the letter has reached its destination or to establish the date on which it was delivered to the addressee, as the case may be.

4. Notification by registered letter, with or without acknowledgement of delivery, shall be deemed to have been effected even if the addressee refuses to accept the letter.

5. To the extent that notification by post is not covered by paragraphs 1 to 4, the law of the State on the territory of which notification is made shall apply.

Article 49 U.K. Notification by hand delivery

Notification may be effected on the premises of the Office by hand delivery of the document to the addressee, who shall on delivery acknowledge its receipt.

Article 50 U.K. Notification by deposit in a post box at the Office

Notification may also be effected to addressees who have been provided with a post box at the Office, by depositing the document therein. A written notification of deposit shall be inserted in the files. The date of deposit shall be recorded on the document. Notification shall be deemed to have taken place on the fifth day following deposit of the document in the post box at the Office.

Article 51 U.K. Notification by fax and other technical means

1. Notification by fax shall be effected by transmitting either the original or a copy, as provided for in Article 47(1), of the document to be notified. The details of such transmission shall be determined by the President of the Office.

2. Details of notification by other technical means of communication shall be determined by the President of the Office.

Article 52 U.K. Public notification

1. If the address of the addressee cannot be established, or if notification in accordance with Article 48(1) has proved to be impossible even after a second attempt by the Office, notification shall be effected by public notice.

Such notice shall be published at least in the Community Designs Bulletin.

2. The President of the Office shall determine how the public notice is to be given and shall fix the beginning of the time limit of one month on the expiry of which the document shall be deemed to have been notified.

Article 53 U.K. Notification to representatives

1. If a representative has been appointed or where the applicant first named in a common application is considered to be the common representative pursuant to Article 61(1), notifications shall be addressed to that appointed or common representative.

2. If several representatives have been appointed for a single interested party, notification to any one of them shall be sufficient, unless a specific address for service has been indicated in accordance with Article 1(1)(e).

3. If several interested parties have appointed a common representative, notification of a single document to the common representative shall be sufficient.

Article 54 U.K. Irregularities in notification

Where a document has reached the addressee, if the Office is unable to prove that it has been duly notified or if provisions relating to its notification have not been observed, the document shall be deemed to have been notified on the date established by the Office as the date of receipt.

Article 55 U.K. Notification of documents in the case of several parties

Documents emanating from parties which contain substantive proposals, or a declaration of withdrawal of a substantive proposal, shall be notified to the other parties as a matter of course. Notification may be dispensed with where the document contains no new pleadings and the matter is ready for decision.