Hague Agreement On Industrial Designs

The Hague system for the international registration of industrial models offers a practical commercial solution for registering 100 designs in 74 contractors in 91 countries by filing a single international application. Under the amended Industrial Design Act and the new Industrial Design Regulations, the maximum period of protection for a commercial design is now ten years after the date of registration of the designs or fifteen years after the international filing date. Countries can become parties to the 1960 (Hague) Act, the 1999 (Geneva) Act or both. If a country signs only one law, applicants from that country can only use the Hague system to obtain protection for their designs in other countries subject to the same law. For example, since Japan only signed the 1999 (Geneva) law, applicants who can apply the Hague system because they reside in the European Union can only be protected in countries that have also signed the 1999 law or the 1999 and 1960 act. The duration of protection is five years, which can be extended by at least five years under the 1960 Act, or two such periods under the 1999 Act. Where a party`s legislation provides for a longer period of protection, protection of the same duration is granted to designs that are the subject of international registration on the basis of international registration and renewals in that part. In order to facilitate access to The Hague`s design system for design designers in the least developed countries (LDCs), international registration fees will be reduced to 10% of the prescribed amounts. The duration of the protection is 15 years from the date of registration. Vietnam made a statement under Article 17, paragraph 3, point c), of the 1999 Act stipulating that the maximum period of protection provided by Vietnamese industrial design legislation is 15 years. The Hague system ensures the protection of industrial design in several jurisdictions through a single application filed with the International Office of the World Intellectual Property Organization (WIPO).

The primary objective of the Hague system is to streamline the process of obtaining several industrial-type certificates in the world by requiring a single application with a single payment in a single currency. The agreement was reached in the Dutch city of The Hague. The streamlined system in The Hague is available to any individual or legal person residing or having a real and effective commercial or commercial establishment in the jurisdiction of a contracting party to the Hague agreement. All electronic communications, including documents, information or royalties, made between the applicant and WIPO in the context of a standard commercial application are deemed to have been received on the date wiped out by wipO`s office. This applies regardless of whether the office is open to the public or closed at the time of communication and allows the electronic reception of research materials 24 hours a day. An industrial design is not considered undated if it has been published in the following circumstances, provided that the application for registration of industrial designs is filed within six months of the date of publication: in addition, the regulations no longer require applicants to submit a complete title, description and postal address with their application to guarantee a filing date. On the contrary, the Hague system simply requires the applicant to make it clear that the registration of a commercial design is required, that there is sufficient material to identify the applicant, that there is sufficient contact information for a processing office to contact the customer and that there is a presentation of the design.

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