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1.If necessary, the President of the Office shall request the Commission to enquire whether a State which is not party to the Paris Convention for the Protection of Industrial Property or to the Agreement establishing the World Trade Organisation grants reciprocal treatment within the meaning of Article 41(5) Regulation (EC) No 6/2002.
2.If the Commission determines that reciprocal treatment in accordance with paragraph 1 is granted, it shall publish a communication to that effect in the Official Journal of the European Communities.
3.Article 41(5) of Regulation (EC) No 6/2002 shall apply from the date of publication in the Official Journal of the European Communities of the communication referred to in paragraph 2, unless the communication states an earlier date from which it is applicable.
Article 41(5) of Regulation (EC) No 6/2002 shall cease to be applicable from the date of publication in the Official Journal of the European Communities of a communication of the Commission stating that reciprocal treatment is no longer granted, unless the communication states an earlier date from which it is applicable.
4.Communications referred to in paragraphs 2 and 3 shall also be published in the Official Journal of the Office.
1.Any application for registration of a Community design filed no more than three months before the date fixed pursuant to Article 111(2) of Regulation (EC) No 6/2002 shall be marked by the Office with the filing date determined pursuant to that provision and with the actual date of receipt of the application.
2.With regard to the application, the priority period of six months provided for in Articles 41 and 44 of Regulation (EC) No 6/2002 shall be calculated from the date fixed pursuant to Article 111(2) of that Regulation.
3.The Office may issue a receipt to the applicant prior to the date fixed pursuant to Article 111(2) of Regulation (EC) No 6/2002.
4.The Office may examine the applications prior to the date fixed pursuant to Article 111(2) of Regulation (EC) No 6/2002 and communicate with the applicant with a view to remedying any deficiencies prior to that date.
Any decisions with regard to such applications may be taken only after that date.
5.Where the date of receipt of an application for the registration of a Community design by the Office, by the central industrial property office of a Member State or by the Benelux Design Office is before the commencement of the three-month period specified in Article 111(3) of Regulation (EC) No 6/2002 the application shall be deemed not to have been filed.
The applicant shall be informed accordingly and the application shall be sent back to him/her.
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.