WIPO Global IP Services

Statement of Provisions Potentially Applicable to WIPO Global IP Services Regarding Ukraine and the Russian Federation

The International Bureau (IB) of the World Intellectual Property Organization (WIPO) has received requests for information concerning international applications and/or registrations regarding Ukraine and the Russian Federation under the Patent Cooperation Treaty (PCT), the Madrid System Concerning the International Registration of Marks (the Madrid System), and the Hague System Concerning the International Registration of Industrial Designs (the Hague System).  In response, the IB draws the attention of users to the below provisions. 

The IB further urges all Offices and Authorities of a designated Contracting Party to show flexibility to the extent possible in applying relevant time limits in situations where applicants and holders have been impacted.

Patent Cooperation Treaty

To the extent that applicants and inventors seeking to file international applications under the PCT or to interact with already filed PCT applications are impacted, the following may apply:

• Where an applicant is unable to file a PCT application within the Paris Convention (12 month) time limit, PCT Rule 26bis.3 (concerning restoration of the right of priority before the receiving Office) may be applicable;
  • PCT Rules 49ter.1 and 49ter.2 deal with the effect in the national phase of a receiving Office decision on restoration of priority, and requesting restoration of priority directly before the designated Office;
• Where an applicant is unable to meet a PCT international phase time limit, PCT Rule 82quater.1 may be applicable;
• Where an applicant has been unable to comply with the time limit for national phase entry, PCT Rule 49.6 may be applicable;
• Where an applicant has experienced delay or loss in the mail service, PCT Rule 82 may be applicable; and
• Where an applicant seeks excuse of delay in meeting PCT time limits before designated or elected Offices, PCT Article 48 and PCT Rule 82bis may be applicable.

Madrid System

To the extent that applicants and holders of international registrations under the Madrid System are impacted, the following may apply:

• Where an applicant or a holder fails to meet a time limit specified in the Regulations to perform an action before the International Bureau due to force majeure reasons, Rule 5 of the Regulations may apply (i.e., such failure may be excused provided sufficient evidence is received by and the action is performed before the International Bureau as soon as reasonably possible and not later than six months after the expiry of the time limit concerned);
• Where an applicant or a holder fails to meet a time limit specified in the Rule 5bis(1) of the Regulations due to any reason, this Rule may apply (i.e., the applicant or holder may request the continued processing of the application or request for recording, as the case may be, within two months from the expiry of the time limit concerned); and,
• Where a holder fails to meet a time limit before the Office of a designated Contracting Party due to exceptional circumstances, the laws of that Contracting Party may provide for possible applicable safeguards to prevent the loss of rights.

Hague System

To the extent that applicants and holders of international registrations under the Hague System are impacted, the following may apply:

• Where an applicant or a holder fails to meet a time limit specified in the Common Regulations to perform an action before the International Bureau due to force majeure reasons, Rule 5 of the Common Regulations may apply (i.e., such failure may be excused provided sufficient evidence is received by and the action is performed before the International Bureau as soon as reasonably possible and not later than six months after the expiry of the time limit concerned); and,
• Where a holder fails to meet a time limit before the Office of a designated Contracting Party due to exceptional circumstances, the laws of that Contracting Party may provide for possible applicable safeguards to prevent the loss of rights.

WIPO Arbitration and Mediation Center

The Arbitration and Mediation Center has received requests for information concerning parties (or potential parties) from Ukraine and the Russian Federation in WIPO Mediation, Arbitration or Domain Name Disputes.

To the extent that parties (or potential parties) in WIPO Mediation, Arbitration or Domain Name Disputes are unable, or anticipate being unable, to perform an action within the prescribed time limits, they should, if possible, contact the WIPO Arbitration and Mediation Center.

Payments to WIPO

Some international banking restrictions are currently being applied to payments, which may cause delays to funds being received at WIPO.

Any payment delay or problems making a payment as a part of the applicable provisions should be brought to the attention of the International Bureau when an applicant or holder seeks any excuse for delay under the relevant provision.