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Administrative Instructions, together with the provisions of this Ordinance. In the event of
divergence, the provisions of the PCT, its Regulations and Administrative Instructions shall
prevail.
47.—(1) The Agency shall act as a receiving Office under Article 2 of the PCT with
regard to international applications filed by natural or legal persons domiciled on the territory
of the Democratic Republic of Madagascar or who are Malagasy nationals.
(2) In addition to the fees laid down by the PCT, the international application shall be
subject to payment of a transmission fee to be laid down by the implementing decree referred
to in Article 139 of this Ordinance.
(3) The President of the Republic may decree that the duties of receiving Office be
transferred to another national office or to an intergovernmental organization.
48.—(1) The Agency shall act as a designated Office under Article 2 of the PCT for
international applications seeking protection for the invention in the Democratic Republic of
Madagascar.
(2) Once it has been allocated a filing date, any international application for which the
Agency acts as the designated Office shall produce on the national territory the same effects
as an application filed in due form with the Agency.
(3) Where the international search has not been carried out for all claims, the Agency
shall levy, in accordance with Article 17(3)(b) of the PCT, a fee for drawing up a
supplementary state-of-the-art search report.
49. The Agency shall constitute an elected Office where the applicant has mentioned
the Democratic Republic of Madagascar as a designated contracting State in which he wishes
to use the results of the international preliminary search under Article 2(xiv) and Chapter II of
the PCT.
50. Even where the initial application has been filed with the Agency, the priority right
under Article 22 of this Ordinance may be claimed for an international application.
51.—(1) An international-type search under Article 15(5) of the PCT may be requested
by the applicant with respect to a Malagasy patent application.
(2) The request shall be filed with the Agency within six months following the filing
date. The international search fee shall be paid at the same time.
(3) The Agency shall not verify whether the patent application and, where appropriate,
the translation meet the other requirements laid down by the PCT, particularly the formal
requirements valid for international applications.
(4) Where the requirements of paragraphs (1) and (2) have been met, the Agency shall
transmit the required documents to the competent office responsible for the international
search.
52. The international search report referred to in Article 18 of the PCT, the
international-type search report referred to in Article 51 of this Ordinance and the preliminary
international search report referred to in Article 35 of the PCT shall replace the search report
referred to in Article 25 of this Ordinance.
53. The time limits laid down in Article 22(1) and Article 39(1) of the PCT may be
extended by decree.