Signed | 6 November 1925 (The Hague Agreement) 2 June 1934 (London act) 14 July 1967 (The Hague Act/Stockholm addnl Act) 2 July 1999 (Geneva Act) |
---|---|
Location | The Hague |
Effective | 1 June 1928 |
Parties | 77 [1] |
Depositary | Switzerland (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.
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.
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] | Member | The Hague 1925 | London 1934 [lower-alpha 2] | The Hague 1960 | Stockholm 1967 | Geneva 1999 | territorial scope |
---|---|---|---|---|---|---|---|
OA | OAPI | 16 September 2008 | |||||
AL | Albania | 19 March 2007 | 19 March 2007 | 19 March 2007 | |||
AM | Armenia | 13 July 2007 | |||||
AZ | Azerbaijan | 8 December 2010 | |||||
BR | Brazil | 1 August 2023 | |||||
BY | Belarus | 19 July 2021 | |||||
BX | 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 |
BZ | Belize | 12 July 2003 | 12 July 2003 | 9 February 2019 | |||
BJ | Benin | 2 November 1986- 18 October 2016 | 2 November 1986 | 2 January 1987 | Territory also covered by OA | ||
BA | Bosnia and Herzegovina | 24 December 2008 | |||||
BW | Botswana | 5 December 2006 | |||||
BN | Brunei Darussalam | 24 December 2013 | |||||
CA | Canada | 5 November 2018 | |||||
KH | Cambodia | 25 February 2017 | |||||
CN | China | 5 May 2022 | excluding Hong Kong and Macao | ||||
CI | Cote d'Ivoire | 30 May 1993- 18 October 2016 | 30 May 1993 | 30 May 1993 | Territory also covered by OA | ||
HR | Croatia | 12 February 2004 | 12 February 2004 | 12 April 2004 | Territory also covered by EM | ||
DK | Denmark | 9 December 2008 | Territory also covered by EM incl. Greenland (2011) Faroe Islands (2016) | ||||
-- | East Germany | 1949- 3 October 1990 | 7 May 1989- 3 October 1990 | 7 May 1989- 3 October 1990 | |||
EG | Egypt | 1 July 1952- 18 October 2016 | 27 August 2004 | ||||
EE | Estonia | 23 December 2012 | Territory also covered by EM | ||||
EM | European Union | 1 January 2008 | |||||
FI | Finland | 1 May 2011 | Territory also covered by EM | ||||
FR | France | 20 October 1930 | 25 June 1939- 18 October 2016 | 1 August 1984 | 27 September 1975 | 18 March 2007 | Territory also covered by EM Including all territories |
GA | Gabon | 18 August 2003 | 18 August 2003 | Territory also covered by OA | |||
DE | Germany | 1 June 1928 | 13 June 1939- 18 October 2016 | 1 August 1984 | 27 September 1975 | 13 February 2010 | Territory also covered by EM Stockholm and Hague act: Including "Land Berlin |
GE | Georgia | 1 August 2003 | 1 August 2003 | 23 December 2003 | |||
GH | Ghana | 16 September 2008 | |||||
GR | Greece | 18 April 1997 | 18 April 1997 | 13 February 2024 | Territory also covered by EM | ||
HU | Hungary | 7 April 1984- 1 February 2005 | 1 August 1984 | 7 April 1984 | 1 May 2004 | Territory also covered by EM | |
IS | Iceland | 23 December 2003 | |||||
ID | Indonesia | 27 December 1949- 3 June 2010 | |||||
IL | Israel | 3 January 2020 | |||||
IT | Italy | 13 June 1997 | 13 August 1987 | 14 March 2024 | Territory also covered by EM | ||
JM | Jamaica | 10 February 2022 | |||||
JP | Japan | 13 May 2015 | |||||
KG | Kyrgyzstan | 17 March 2003 | 17 March 2003 | 23 December 2003 | |||
LV | Latvia | 26 July 2005 | Territory also covered by EM | ||||
LI | Liechtenstein | 14 July 1933 | 28 January 1951- 18 October 2016 | 1 August 1984 | 27 September 1975 | 23 December 2003 | |
LT | Lithuania | 26 September 2008 | Territory also covered by EM | ||||
BX | Luxembourg | 1 August 1984 [lower-alpha 3] | 28 May 1979 [lower-alpha 3] | 18 December 2018 [lower-alpha 3] | Territory also covered by EM | ||
MK | North Macedonia | 18 March 1997 | 18 March 1997 | 22 March 2006 | |||
ML | Mali | 7 September 2006 | 7 September 2006 | Territory also covered by OA | |||
MU | Mauritius | 6 May 2023 | |||||
MX | Mexico | 6 June 2020 | |||||
MD | Moldova | 14 March 1994 | 14 March 1994 | 23 December 2003 | |||
MC | Monaco | 29 April 1956- 18 October 2016 | 1 August 1984 | 27 September 1975 | 9 June 2011 | ||
MN | Mongolia | 12 April 1997 | 12 April 1997 | 19 January 2008 | |||
ME | Montenegro | 3 June 2006 | 3 June 2006 | 5 March 2012 | succession from Serbia and Montenegro | ||
MA | Morocco | 20 October 1930 | 21 January 1941- 18 October 2016 | 13 October 1999 | 12 October 1999 | ||
NA | Namibia | 13 June 2004 | |||||
BX | 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) |
NE | Niger | 20 September 2004 | 20 September 2004 | Territory also covered by OA | |||
KP | North Korea | 27 May 1992 | 27 May 1992 | 13 September 2016 | |||
NO | Norway | 17 June 2010 | |||||
OM | Oman | 4 March 2009 | |||||
PL | Poland | 2 July 2009 | Territory also covered by EM | ||||
RU | Russia | 28 February 2018 | |||||
RO | Romania | 18 July 1992 | 18 July 1992 | 23 December 2003 | Territory also covered by EM | ||
RW | Rwanda | 31 August 2011 | |||||
WS | Samoa | 2 January 2020 | |||||
SM | San Marino | 26 January 2019 | |||||
ST | Sao Tome and Principe | 8 December 2008 | |||||
SN | Senegal | 30 June 1984- 18 October 2016 | 1 August 1984 | 30 June 1984 | Territory also covered by OA | ||
RS | Serbia | 30 December 1993 | 30 December 1993 | 9 December 2009 | |||
SG | Singapore | 17 December 2005 | |||||
SI | Slovenia | 13 January 1995 | 13 January 1995 | 23 December 2003 | Territory also covered by EM | ||
KR | South Korea | 1 July 2014 | |||||
ES | Spain | 1 June 1928 | 2 March 1956- 18 October 2016 | 23 December 2003 | Territory also covered by EM Hague agreement and London Act: Including Spanish Morocco (-1956) and Colonies (1947-1975) | ||
SR | Suriname | 25 November 1975- 18 October 2016 | 1 August 1984 | 23 February 1977 | |||
CH | Switzerland | 1 June 1928 | 24 November 1939- 19 November 2010 | 1 August 1984 | 27 September 1975 | 23 December 2003 | |
SY | Syria | 7 May 2008 | |||||
TJ | Tajikistan | 21 March 2012 | |||||
-- | Tangier | 6 March 1936- 1956 | 13 June 1939- 1956 | now part of Morocco | |||
TN | Tunisia | 20 October 1930 | 4 October 1942- 18 October 2016 | 13 June 2012 | |||
TR | Turkey | 1 January 2005 | |||||
TM | Turkmenistan | 16 March 2016 | |||||
UA | Ukraine | 28 August 2002 | 28 August 2002 | 23 December 2003 | |||
UK | United Kingdom | 13 June 2018 | Territory until 2021 also covered by EM. Incl. Isle of Man (2018-) and Guernsey (2021-) | ||||
US | United States | 13 May 2015 | |||||
VA | Vatican | 29 June 1960- 4 August 2007 | |||||
VN | Vietnam | 30 December 2019 |
A list of the Contracting Parties is maintained by WIPO.
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.
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.
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.
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]
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.
The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.
Industrial design is a process of design applied to physical products that are to be manufactured by mass production. It is the creative act of determining and defining a product's form and features, which takes place in advance of the manufacture or production of the product. Industrial manufacture consists of predetermined, standardized and repeated, often automated, acts of replication, while craft-based design is a process or approach in which the form of the product is determined personally by the product's creator largely concurrent with the act of its production.
An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is still in force in 2024. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules.
In patent law, industrial design law, and trademark law, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application. When filing the subsequent application, the applicant must claim the priority of the first application in order to make use of the right of priority. The right of priority belongs to the applicant or his successor in title.
Industrial property is one of two subsets of intellectual property, it takes a range of forms, including patents for inventions, industrial designs, trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition. In some cases, aspects of intellectual creation, although present, are less clearly defined. The object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.
In the United States, a design patent is a form of legal protection granted to the ornamental design of an article of manufacture. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers and computer icons are examples of objects that are covered by design patents.
A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent, it is generally cheaper to obtain and maintain, has a shorter term, shorter grant lag, and less stringent patentability requirements. In some countries, it is only available for inventions in certain fields of technology and/or only for products. Utility models can be described as second-class patents.
Industrial design rights in the European Union are provided at both the Union level by virtue of the Community design and at the national level under individual national laws.
The Organisation Africaine de la Propriété Intellectuelle or OAPI is an intellectual property organization, headquartered in Yaoundé, Cameroon. The organisation was created by Bangui Agreement of March 2, 1977. The Bangui Agreement was subsequently amended in 1999.
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Berne by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as authors' rights or makerright.
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. A trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.
The Corporate Affairs and Intellectual Property Office (CAIPO) is a Barbadian governmental agency in charge of various aspects of industrial property right affairs including: patents, trademarks, and industrial designs. It is a division of the Ministry of Industry & International Business. The CAIPO office is located on Belmont Road, Saint Michael, Barbados. The country ranks as one of the top countries where the greatest number of foreign patents are legally based.
Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.
The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, signed on 31 October 1958, ensures that in member countries, appellations of origin receive protection when are protected in their country of origin. It lays down provisions for what qualifies as an appellation of origin, protection measures and establishes an International Register of Appellations of Origin, run by the World Intellectual Property Organization. The agreement came into force in 1966, and was revised at Stockholm (1967) and amended in 1979 and 2015. As of July 2022, 39 states are party to the convention and 1000 appellations of origin has been registered.
The Madrid System, also known as the Madrid Protocol or simply Madrid, is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. It was established pursuant to the multilateral treaties Madrid Agreement Concerning the International Registration of Marks of 1891 and the Protocol Relating to the Madrid Agreement (1989), which has been the sole governing treaty since 2016.
Republic Act No. 8293, otherwise known as The Intellectual Property Code of the Philippines lays down the rules and regulations that grant, and enforce patents in the Philippines. Patents may be granted to technical solutions such as an inventions, machines, devices, processes, or an improvement of any of the foregoing. The technical solution must be novel, innovative, and industrially useful. In order for a technical solution to be granted a patent, the inventor must file an application to the Bureau of Patents, which will examine, and in some cases, grant its approval. The law is designed as to foster domestic creativity, to attract foreign investors, and to motivate inventors to release their products for public access.
The WIPO Hague System provides an international mechanism for securing and managing design rights simultaneously, in multiple countries and regions, through one application filed directly with WIPO. The resulting international registration provides design owners with the equivalent of a bundle of national or regional registrations. The subsequent management of that international registration – including modifications, updates and renewals – is a single step procedure through WIPO.
Article 6ter of the Paris Convention for the Protection of Industrial Property provides special provisions for the protection of state emblems, official hallmarks, and emblems of intergovernmental organizations against unauthorized registration and use as trademarks. Article 6ter is an integral part of international trademark law and is aimed at preventing the misuse of emblems that have national or international significance. It does not generate a trademark right, or any other type of intellectual property right, over the signs that are covered by that provision.