6. The deletion of "Soviet Union" and "Czechoslovakia" is correct.
7. The question of how to deal with the listing of "Yugoslavia" is, as you no doubt realise, not a straightforward one. The former SFRY no longer exists, but we have not recognised the "FRY" as a state. No doubt the government of the "FRY" (ie Serbia and Montenegro) regard their country as still a party to the Convention. As a matter of policy, the DTI would like to continue to apply the Convention to that territory so that trade marks registered there will have the benefit of the priority accorded by the Convention. I think the best solution is to leave "Yugoslavia" in the list as it is for the time being while the position is still unclear. Fortunately, this is also the conclusion reached by the DTI when they made their most recent updating Order.
8.
The disadvantage of leaving the reference to "Yugoslavia" unamended is that it leaves it ambiguous as to how much of the territory of the former SFRY is covered. Obviously since Croatia and Slovenia are to be listed as separate countries they will no longer be covered by the reference to "Yugoslavia". It may well be that the term would be interpreted as covering only Serbia and Montenegro, in which case a gap will have been created in relation to Bosnia-Herzogovena and Macedonia. Presumably neither has sent any notification to WIPO about their status under the Convention. It may be however that one or both has made a general declaration about its position in relation to treaties to which the SFRY was party, eg by notification to the UN Secretary General. If so, WIPO may not necessarily be aware of it. I have endeavoured to find out the position, but EAU (Mr Tauwhare) does not know, and their legal adviser, Mr Whomersley, is away until Friday. No doubt you will wish to follow this up. You could start by asking WIPO whether they have received or heard of any communicaton from Bosnia or Macedonia. If it is not possible to clarify the position within the timescale required by HKG, they will have to live with the ambiguity and remedy it later by further legislation.
9. Should you require amplication of the above or further advice please be so kind as to let me know.
Til Janill
Jill Barrett
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