Common use of Claiming Priority Clause in Contracts

Claiming Priority. (1) The application may contain a statement wherein, according to art. 17 and 18, one or more priorities are claimed. (2) The conditions for claiming a priority and the effects of recognizing the claimed priority are the ones provided by the law and the Paris Convention. (3) Where a priority is claimed, the application shall state precisely: a) date of the claimed priority; b) number of the priority certificate, and the number of the warranty certificate issued by the exhibition organizer, respectively; c) State in which the certificate has been issued. (4) Where one or more priorities have been claimed in the application for registration, according to Art. 17, 18 of the law, for the priority recognition the following shall be cumulatively fulfilled: a) one or more priority documents, in the original, and the legal fees shall be filed within 3 months, at the latest, from the date of filing the application, according to Art. 18 of the law; b) the design for which priority is claimed shall be identical to the design for which protection is claimed. (5) Claiming the priority as a consequence of the design having been displayed in an international exhibition, according to Art. 17 of the law, is justified based on the warranty certificate that shall contain: a) name and address of the organizer of the exhibition wherein the design has been displayed; b) denomination of the exhibition, address and duration thereof; c) family name, given name and address of the natural person or denomination and registered office of the legal entity that has displayed the design in the exhibition; d) duration of the public exhibition; e) number and date of the warranty certificate, signature and stamp of the organizer of the exhibition; f) a graphic representation of the exhibited design; g) a description of the exhibited design.‌ (6) Failure to fulfill the provisions of paragraphs (3), (4) and (5) shall determine the non­recognition of the claimed priority. (7) Where the applicant for registration of the design invokes a right of priority belonging to another person, for the priority recognition it is necessary the filing with O.S.I.M. of an authorization from the priority right holder, proving that the applicant is entitled to claim priority of the first deposit. The time limit for filing the authorization is of 3 months at the most from priority claiming; otherwise, O.S.I.M. shall not recognize the claimed priority.

Claiming Priority. (1) The application may contain a statement wherein, according to art. 17 and 18, one or more priorities are claimed. (2) The conditions for claiming a priority and the effects of recognizing the claimed priority are the ones provided by the law and the Paris Convention. (3) Where a priority is claimed, the application shall state precisely: a) date of the claimed priority; b) number of the priority certificate, and the number of the warranty certificate issued by the exhibition organizer, respectively; c) State in which the certificate has been issued. (4) Where one or more priorities have been claimed in the application for registration, according to Art. 17, 18 of the law, for the priority recognition the following shall be cumulatively fulfilled: a) one or more priority documents, in the original, and the legal fees shall be filed within 3 months, at the latest, from the date of filing the application, according to Art. 18 of the law; b) the design for which priority is claimed shall be identical to the design for which protection is claimed. (5) Claiming the priority as a consequence of the design having been displayed in an international exhibition, according to Art. 17 of the law, is justified based on the warranty certificate that shall contain: a) name and address of the organizer of the exhibition wherein the design has been displayed; b) denomination of the exhibition, address and duration thereof; c) family name, given name and address of the natural person or denomination and registered office of the legal entity that has displayed the design in the exhibition; d) duration of the public exhibition; e) number and date of the warranty certificate, signature and stamp of the organizer of the exhibition; f) a graphic representation of the exhibited design; g) a description of the exhibited design.‌design. (6) Failure to fulfill the provisions of paragraphs (3), (4) and (5) shall determine the non­recognition non-recognition of the claimed priority. (7) Where the applicant for registration of the design invokes a right of priority belonging to another person, for the priority recognition it is necessary the filing with O.S.I.M. of an authorization from the priority right holder, proving that the applicant is entitled to claim priority of the first deposit. The time limit for filing the authorization is of 3 months at the most from priority claiming; otherwise, O.S.I.M. shall not recognize the claimed priority.