EXCO/FR22/RES/003
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
www.ficpi.org
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Resolution of the Executive Committee
Cannes, France, 25 to 29 September 2022
“
Accessibility of trademark priority documents and removal of legalisation
requirements
”
FICPI
, the International Federation of Intellectual Property Attorneys, broadly representative
of the free profession throughout the world, assembled at its Executive Committee at the
World Congress held in Cannes, France, 25 to 29 September 2022, passed the following
resolution:
NOTING
that priority claims under the Paris Convention for trade mark applications are a key
feature of the trademark filing system,
FURTHER NOTING
discrepancies between the practices of national and regional Trade Mark
Offices, as some Offices require the priority documents in paper format whereas other Offices
accept electronic documents, and some Offices even require legalised (notarised, apostilled
and national legalised) documents, often accompanied by official translations into the local
language,
OBSERVING
that the requirement to provide legalised and/or translated documents is
burdensome for applicants, as obtaining these is time-consuming and costly,
FURTHER OBSERVING
that some Trade Mark Offices do not make priority documents available
or accessible to third parties who may need them for prosecution or litigation purposes,
ACKNOWLEDGING
that the availability and accessibility of priority documents to third parties
having a legitimate interest for prosecution or litigation purposes is in the interest of the users
of the trade mark systems,
URGES
Trade Mark Offices to make priority documents easily available to applicants from the
issuing Offices,
“
Accessibility
of trademark priority documents and removal of
legalisation requirements”
EXCO/FR22/RES/003
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
www.ficpi.org
2
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2
FURTHER URGES
Trade Mark Offices to make and keep available priority documents received
to any interested party, for example by keeping copies thereof in the publicly accessible online
and/or hard copy files,
FURTHER URGES
the removal of any requirements for the legalisation and translation of
priority documents,
FURTHER URGES
Trade Mark Offices to accept electronic versions of priority documents, and
preferably to engage in the direct electronic exchange of priority documents between the
Offices, for example using WIPO DAS.