The International Design System
Following on from our recent articles on “How to file a UK design Application” and “The new EU Design Regulation & Directive”, we look at the International design system known as the Hague System in more detail.
The Hague System is administered by the World Intellectual Property Office (WIPO) and currently provides a mechanism for registering designs in up to 97 countries in a single application. An applicant can apply to register up to 100 different designs in one application.
The Hague System has 80 member states or contracting parties, including the regional systems in European and African Intellectual Property Organization (OAPI) making up the 97 countries. Applicants must be nationals of, domiciled or habitually resident in, or have a real and effective industrial or commercial establishment in at least one of the contracting parties.
How to obtain an International Design Application
Once an application has been filed at WIPO, it will first be checked for formal requirements. The Applicant will be given an opportunity to resolve any irregularities and then the application will be registered and a certificate of registration will be issued. This, however, is only the first step of the process.
Once registered the design will be published twelve months after the international registration date (which is generally the date of receipt of the application at WIPO). It is possible to request an earlier publication day, if desired.
After publication WIPO will notify the national or regional IP office of each designated contracting party which will perform substantive examination of the application according to their standard national or regional process and requirements. If the design dies not meet the requirements of the national or regional laws, the national/regional office will notify the WIPO that the application has been refused. Applicants will be given the opportunity to respond to a rejection decision, according to the national procedure.
The benefits of an International Design Registration
The Hague system provides a means of centralised filing for up to 100 different designs in a single application, covering up to 97 countries, as well as providing a centralised mechanism for managing and renewing your registrations. If no objections are raised by the national/regional IP offices, there is no need to appoint a local attorney to handle the national/regional designations of an International registration.
The Hague System provides for an initial period of protection of five years, which can be extended twice for five year periods upon payment of a renewal fee, giving a up to fifteen years protections. However, many contracting parties provide for a longer period of protection.
Overall, the Hague system can provide a simpler and more cost effective means of obtaining registered design protection in a wide selection of countries worldwide. Therefore, the Hague system could be a useful tool in helping you protect your designs. Our attorneys would be happy to review for needs and advise on a filing programme that will best suit your company’s needs.