Geography Reference
In-Depth Information
iv. Single application
Article 18(4) provides that except in the case of Union applications mentioned
in Art 3(3) involving holders of exclusive licenses covering the entire territory of
two or more Member States, only one national application and one Union
application may be submitted per Member State for the same IPR protected in
that Member State.
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v. Subsequent applications
Article 5(5) provides that where a Union application is granted for a Member
State already covered by another Union application granted to the same
applicant and for the same IPR, the customs authorities of that Member State
shall take action on the basis of the Union application first granted. They shall
inform the competent customs department of the Member State where any
subsequent Union application was granted, which shall amend or revoke the
decision granting that subsequent Union application.
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vi. Computerised applications
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Article 5(6) provides that where computerised systems are available for the
purpose of receiving and processing applications, applications as well as attach-
ments shall be submitted using electronic data-processing techniques. Member
States and the Commission shall develop, maintain and employ such systems in
accordance with the multi-annual strategic plan referred to in Art 8(2) of
Decision No 70/2008/EC of the European Parliament and of the Council of 15
January 2008 on a paperless customs environment for customs and trade.
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vii. Application form
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Article 6(1) provides for the Commission to establish an application form by
means of implementing acts in accordance with the advisory procedure referred
to in Art 34(2). Article 34(2) states that where reference is made to this
paragraph, Art 4 of Regulation (EU) No 182/2011
89
shall apply.
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Article 6(2) requires that the application form shall specify the information that
has to be provided to the data subject pursuant to Regulation (EC) No
45/2001
90
and national laws implementing Directive 95/46/EC.
91
88
OJ L 23, 26.1.2008, p. 21.
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Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying
down the rules and general principles concerning mechanisms for control by Member States of the Commis-
sion's exercise of implementing powers (OJ L 55/13, 28.2.2011, pp. 13-18.
90
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the Community institutions and
bodies and on the free movement of such data (OJ L 8, 12.1.2001, pp. 1-22).
