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Re-establishment

Performing formalities in time
Both during that procedure and after registration there are certain formalities that have to be performed in order to maintain the right and to prevent the right from expiring. For instance for a patent an amount has to be paid annually (a so-called annuity), the registration of a trademark has to be renewed every 10 years and a design every 5 years. Should a required formality not be performed in time, the right will expire.

Correcting errors
Fortunately legislation provides for the possibility of correcting an error by means of restoration proceedings. In these proceedings it will have to be proven on the basis of arguments that the right expired despite observing due care under the circumstances given.

Criteria
In general the bar is set high. A request for restoration therefore has to be meticulously substantiated. The criteria are much stricter than for instance is the case in the United States of America, where –in short- it may suffice to prove that the loss of the right was unintentional.