HomeInsightsWorld Intellectual Property Office publishes notice on remedies and extension of time limits available for Madrid system users

Article by

The notice reminds readers of the remedies available against a failure to meet a time limit under the Madrid System and of the automatic extension of a time limit if an intellectual property office is not open to the public.

WIPO notes that in certain parts of the world access to mail and delivery services, as well as to electronic communication, might be impracticable due to measures taken in connection with the Covid-19 outbreak, such as for example lockdown, quarantine or self-isolation.

In such a situation, under Regulations, users of the Madrid System who have failed to meet a time limit for a communication addressed to WIPO may be excused if they send that communication within five days after regaining access to mail or delivery services or to electronic communication. In any event, WIPO must receive the communication no later than six months from the date on which the time limit concerned expired. Users must provide sufficient evidence of the reason why WIPO should excuse the failure.

The notice also reminds readers that in certain situations there is also the option of continued processing.

As for IP Offices, they should inform WIPO that they are not open to the public and indicate the dates on which they will be closed and state the date on which they will reopen.

Under Rule 4(4) of the Regulations, a period that expires on a day on which an IP Office is not open to the public would expire on the first subsequent day on which that IP Office reopened. All time limits under the Madrid System that concern that IP Office (e.g. the time limit to send a provisional refusal), including the time limit for the holder to respond to a notification sent by the IP Office (e.g. the time limit to respond to a notification of provisional refusal), would be extended accordingly. To read WIPO’s notice in full, click here.