about re-establishments! 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.