Hague Agreement Concerning the International Deposit of Industrial Designs

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Hague Agreement Concerning the International Deposit of Industrial Designs
HagueAgreement.svg
  Hague Union State, Party to 1960 Hague Act
  Hague Union State, Parties to 1999 Geneva Act
  covered by Regional Economic Integration Organization (REIO), not separate member
  Hague Union State, also covered by REIO
Signed6 November 1925 (The Hague Agreement)
2 June 1934 (London act)
14 July 1967 (The Hague Act/Stockholm addnl Act)
2 July 1999 (Geneva Act)
LocationThe Hague
Effective1 June 1928
Parties77 [1]
DepositarySwitzerland (1925/1934)
Netherlands (1960)
WIPO (1999)

The Hague Agreement Concerning the International Deposit of Industrial Designs, also known as the Hague system provides a mechanism for registering an industrial design in several countries by means of a single application, filed in one language, with one set of fees. The system is administered by WIPO.

Contents

Instruments

The Hague Agreement consists of several separate treaties, [2] the most important of which are: the Hague Agreement of 1925, the London Act of 2 June 1934, [3] the Hague Act of 28 November 1960 (amended by the Stockholm Act), [4] and the Geneva Act of 2 July 1999. [5]

The original version of the Agreement (the 1925 Hague version) is no longer applied, since all states parties signed up to subsequent instruments. The 1934 London Act formally applied between a London act state that did not sign up to the Hague and/or Geneva Act in relation with other London act states until October 2016. Since 1 January 2010, however, the application of this act had already been frozen.

Countries can become a party to the 1960 (Hague) Act, the 1999 (Geneva) Act, or both. If a country signs up to only one Act, then applicants from that country can only use the Hague system to obtain protection for their designs in other countries which are signed up to the same Act. For instance, because the European Union has only signed up to the 1999 (Geneva) Act, applicants which qualify to use the Hague system because their domicile is in the European Union can only get protection in countries which have also signed up to the 1999 Act or to both the 1999 and 1960 Acts.

Contracting Parties (member countries)

The Hague System currently has 79 members covering 96 countries. All contracting parties to one or more of the instruments of the Hague Agreement are members of the Hague Union. A list is shown below:

Code [lower-alpha 1] MemberThe Hague 1925London 1934 [lower-alpha 2] The Hague 1960Stockholm 1967Geneva 1999territorial scope
OA  OAPI 16 September 2008
ALFlag of Albania.svg  Albania 19 March 200719 March 200719 March 2007
AMFlag of Armenia.svg  Armenia 13 July 2007
AZFlag of Azerbaijan.svg  Azerbaijan 8 December 2010
BRFlag of Brazil.svg  Brazil 1 August 2023
BYFlag of Belarus.svg  Belarus 19 July 2021
BXFlag of Belgium (civil).svg  Belgium 27 July 1929-
1 January 1975
24 November 1939-
1 January 1975
1 August 1984 [lower-alpha 3] 28 May 1997 [lower-alpha 3] 18 December 2018 [lower-alpha 3] Territory also covered by EM
BZFlag of Belize.svg  Belize 12 July 200312 July 20039 February 2019
BJFlag of Benin.svg  Benin 2 November 1986-
18 October 2016
2 November 19862 January 1987Territory also covered by OA
BAFlag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina 24 December 2008
BWFlag of Botswana.svg  Botswana 5 December 2006
BNFlag of Brunei.svg  Brunei Darussalam 24 December 2013
CAFlag of Canada (Pantone).svg  Canada 5 November 2018
KHFlag of Cambodia.svg  Cambodia 25 February 2017
CNFlag of the People's Republic of China.svg  China 5 May 2022excluding Hong Kong and Macao
CIFlag of Cote d'Ivoire.svg  Cote d'Ivoire 30 May 1993-
18 October 2016
30 May 199330 May 1993Territory also covered by OA
HRFlag of Croatia.svg  Croatia 12 February 200412 February 200412 April 2004Territory also covered by EM
DKFlag of Denmark.svg  Denmark 9 December 2008Territory also covered by EM
incl.Flag of Greenland.svg  Greenland (2011)
Flag of the Faroe Islands.svg  Faroe Islands (2016)
--Flag of East Germany.svg  East Germany 1949-
3 October 1990
7 May 1989-
3 October 1990
7 May 1989-
3 October 1990
EGFlag of Egypt.svg  Egypt 1 July 1952-
18 October 2016
27 August 2004
EEFlag of Estonia.svg  Estonia 23 December 2012Territory also covered by EM
EMFlag of Europe.svg  European Union 1 January 2008
FIFlag of Finland.svg  Finland 1 May 2011Territory also covered by EM
FRFlag of France.svg  France 20 October 193025 June 1939-
18 October 2016
1 August 198427 September 197518 March 2007Territory also covered by EM
Including all territories
GAFlag of Gabon.svg  Gabon 18 August 200318 August 2003Territory also covered by OA
DEFlag of Germany.svg  Germany 1 June 192813 June 1939-
18 October 2016
1 August 198427 September 197513 February 2010Territory also covered by EM
Stockholm and Hague act: Including "Land Berlin
GEFlag of Georgia.svg  Georgia 1 August 20031 August 200323 December 2003
GHFlag of Ghana.svg  Ghana 16 September 2008
GRFlag of Greece.svg  Greece 18 April 199718 April 199713 February 2024Territory also covered by EM
HUFlag of Hungary.svg  Hungary 7 April 1984-
1 February 2005
1 August 19847 April 19841 May 2004Territory also covered by EM
ISFlag of Iceland.svg  Iceland 23 December 2003
IDFlag of Indonesia.svg  Indonesia 27 December 1949-
3 June 2010
ILFlag of Israel.svg  Israel 3 January 2020
ITFlag of Italy.svg  Italy 13 June 199713 August 198714 March 2024Territory also covered by EM
JMFlag of Jamaica.svg  Jamaica 10 February 2022
JPFlag of Japan.svg  Japan 13 May 2015
KGFlag of Kyrgyzstan (2023).svg  Kyrgyzstan 17 March 200317 March 200323 December 2003
LVFlag of Latvia.svg  Latvia 26 July 2005Territory also covered by EM
LIFlag of Liechtenstein.svg  Liechtenstein 14 July 193328 January 1951-
18 October 2016
1 August 198427 September 197523 December 2003
LTFlag of Lithuania.svg  Lithuania 26 September 2008Territory also covered by EM
BXFlag of Luxembourg.svg  Luxembourg 1 August 1984 [lower-alpha 3] 28 May 1979 [lower-alpha 3] 18 December 2018 [lower-alpha 3] Territory also covered by EM
MKFlag of North Macedonia.svg  North Macedonia 18 March 199718 March 199722 March 2006
MLFlag of Mali.svg  Mali 7 September 20067 September 2006Territory also covered by OA
MUFlag of Mauritius.svg  Mauritius 6 May 2023
MXFlag of Mexico.svg  Mexico 6 June 2020
MDFlag of Moldova.svg  Moldova 14 March 199414 March 199423 December 2003
MCFlag of Monaco.svg  Monaco 29 April 1956-
18 October 2016
1 August 198427 September 19759 June 2011
MNFlag of Mongolia.svg  Mongolia 12 April 199712 April 199719 January 2008
MEFlag of Montenegro.svg  Montenegro 3 June 20063 June 20065 March 2012succession from Serbia and Montenegro
MAFlag of Morocco.svg  Morocco 20 October 193021 January 1941-
18 October 2016
13 October 199912 October 1999
NAFlag of Namibia.svg  Namibia 13 June 2004
BXFlag of the Netherlands.svg  Netherlands 1 June 1928-
1 January 1975
5 August 1948-
1 January 1975
1 August 1984 [lower-alpha 3] 28 June 1979 [lower-alpha 3] 18 December 2018 [lower-alpha 3] Territory also covered by EM
London Act incl Dutch East Indies (-1950), Suriname (-1975), Netherlands Antilles (-2010), Aruba (1986-2011), Curaçao, Sint Maarten and Caribbean Netherlands (2010-2011)
NEFlag of Niger.svg  Niger 20 September 200420 September 2004Territory also covered by OA
KPFlag of North Korea.svg  North Korea 27 May 199227 May 199213 September 2016
NOFlag of Norway.svg  Norway 17 June 2010
OMFlag of Oman.svg  Oman 4 March 2009
PLFlag of Poland.svg  Poland 2 July 2009Territory also covered by EM
RUFlag of Russia.svg  Russia 28 February 2018
ROFlag of Romania.svg  Romania 18 July 199218 July 199223 December 2003Territory also covered by EM
RWFlag of Rwanda.svg  Rwanda 31 August 2011
WSFlag of Samoa.svg  Samoa 2 January 2020
SMFlag of San Marino.svg  San Marino 26 January 2019
STFlag of Sao Tome and Principe.svg  Sao Tome and Principe 8 December 2008
SNFlag of Senegal.svg  Senegal 30 June 1984-
18 October 2016
1 August 198430 June 1984Territory also covered by OA
RSFlag of Serbia.svg  Serbia 30 December 199330 December 19939 December 2009
SGFlag of Singapore.svg  Singapore 17 December 2005
SIFlag of Slovenia.svg  Slovenia 13 January 199513 January 199523 December 2003Territory also covered by EM
KRFlag of South Korea.svg  South Korea 1 July 2014
ESFlag of Spain.svg  Spain 1 June 19282 March 1956-
18 October 2016
23 December 2003Territory also covered by EM
Hague agreement and London Act: Including Spanish Morocco (-1956) and Colonies (1947-1975)
SRFlag of Suriname.svg  Suriname 25 November 1975-
18 October 2016
1 August 198423 February 1977
CHFlag of Switzerland (Pantone).svg   Switzerland 1 June 192824 November 1939-
19 November 2010
1 August 198427 September 197523 December 2003
SYFlag of Syria.svg  Syria 7 May 2008
TJFlag of Tajikistan.svg  Tajikistan 21 March 2012
--  Tangier 6 March 1936-
1956
13 June 1939-
1956
now part of Morocco
TNFlag of Tunisia.svg  Tunisia 20 October 19304 October 1942-
18 October 2016
13 June 2012
TRFlag of Turkey.svg  Turkey 1 January 2005
TMFlag of Turkmenistan.svg  Turkmenistan 16 March 2016
UAFlag of Ukraine.svg  Ukraine 28 August 200228 August 200223 December 2003
UKFlag of the United Kingdom.svg  United Kingdom 13 June 2018Territory until 2021 also covered by EM. Incl. Isle of Man (2018-) and Guernsey (2021-)
USFlag of the United States.svg  United States 13 May 2015
VAFlag of the Vatican City (2023-present).svg  Vatican 29 June 1960-
4 August 2007
VNFlag of Vietnam.svg  Vietnam 30 December 2019
Notes
  1. Code used in the context of the Hague Agreement
  2. Application was suspended since 2013
  3. 1 2 3 4 5 6 7 8 9 The Benelux countries form a single territory for application of this act

A list of the Contracting Parties is maintained by WIPO.

Use of the system

Germany, Switzerland and the Republic of Korea were the three largest users of the Hague System in 2017 25. Designs in Hague international applications for the top 10 origins.png
Germany, Switzerland and the Republic of Korea were the three largest users of the Hague System in 2017

Qualification to use the Hague system

Applicants can qualify to use the Hague system on the basis of any of the following criteria:

An applicant who does not qualify under one of these headings cannot use the Hague system. The Contracting Parties include not only individual countries, but also intergovernmental organisations such as the African Intellectual Property Organization (OAPI) and the European Union. This means an applicant domiciled in an EU member country that is not a Contracting Party, such as Austria or the United Kingdom, can nevertheless use the Hague system on the basis of his or her domicile in the European Union.

Application requirements

An application may be filed in English, French, or Spanish, at the choice of the applicant. The application must contain one or more views of the designs concerned and can include up to 100 different designs provided that the designs are all in the same class of the International Classification of Industrial Designs (Locarno Classification).

The application fee is composed of three types of fees: a basic fee, a publication fee, and a designation fee for each designated Contracting Party.

Examination and registration procedure

The application is examined for formal requirements by the International Bureau of WIPO, which provides the applicant with the opportunity to correct certain irregularities in the application. Once the formal requirements have been met, it is recorded in the International Register and details are published electronically in the International Designs Bulletin on the WIPO website.

If any designated Contracting Party considers that a design which has been registered for protection in that Contracting Party does not meet its domestic criteria for registrability (e.g. it finds that the design is not novel), it must notify the International Bureau that it refuses the registration for that Contracting Party. In every Contracting Party that does not issue such a refusal, the international registration takes effect and provides the same protection as if the design(s) had been registered under the domestic law of that Contracting Party.

Publication

Standard publication of Hague applications is 12 months after filing. The applicant, however, can request either immediate publication, or delayed publication of up to 30 months. [6]

Duration & renewal

The duration of an international registration is five years, extendable in further five-year periods up to the maximum duration permitted by each Contracting Party. For the 1934 London Act the maximum term was 15 years.

Renewals are handled centrally by the International Bureau. The applicant pays a renewal fee and notifies the International Bureau of the countries for which the registration is to be renewed.

Naming

The agreement was concluded at the Dutch city The Hague.

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References

  1. Party to any of the treaties
  2. Full texts of the Hague Agreement, Regulations and Administrative Instructions. WIPO
  3. London Act of the Hague Agreement Archived 8 October 2009 at the Wayback Machine . WIPO
  4. Hague Act of the Hague Agreement Archived 21 November 2009 at the Wayback Machine . WIPO
  5. Geneva Act of the Hague Agreement Archived 16 August 2009 at the Wayback Machine . WIPO
  6. Ludwig, Mary (26 January 2024). "Strategies for Using the Hague System". IPWatchdog.