World Library  
Flag as Inappropriate
Email this Article

Hague Agreement Concerning the International Deposit of Industrial Designs

Article Id: WHEBN0022908772
Reproduction Date:

Title: Hague Agreement Concerning the International Deposit of Industrial Designs  
Author: World Heritage Encyclopedia
Language: English
Subject: Intellectual property in Iran, 2014 Canadian federal budget, Industrial design
Collection: 1925 in the Netherlands, Industrial Design, Intellectual Property Treaties, Treaties Concluded in 1925, Treaties Entered Into by the African Intellectual Property Organization, Treaties Entered Into by the European Union, Treaties Entered Into Force in 1928, Treaties Extended to Curaçao and Dependencies, Treaties Extended to French Algeria, Treaties Extended to Saar (League of Nations), Treaties Extended to Surinam (Dutch Colony), Treaties Extended to Tangier, Treaties Extended to the Dutch East Indies, Treaties Extended to the Spanish Protectorate in Morocco, Treaties Extended to West Berlin, Treaties of Albania, Treaties of Armenia, Treaties of Azerbaijan, Treaties of Belgium, Treaties of Belize, Treaties of Bosnia and Herzegovina, Treaties of Botswana, Treaties of Bulgaria, Treaties of Croatia, Treaties of Denmark, Treaties of East Germany, Treaties of Estonia, Treaties of Finland, Treaties of Gabon, Treaties of Georgia (Country), Treaties of Ghana, Treaties of Greece, Treaties of Iceland, Treaties of Italy, Treaties of Ivory Coast, Treaties of Japan, Treaties of Kyrgyzstan, Treaties of Latvia, Treaties of Liechtenstein, Treaties of Lithuania, Treaties of Luxembourg, Treaties of Mali, Treaties of Moldova, Treaties of Monaco, Treaties of Mongolia, Treaties of Montenegro, Treaties of Morocco, Treaties of Namibia, Treaties of Niger, Treaties of North Korea, Treaties of Norway, Treaties of Oman, Treaties of Poland, Treaties of Romania, Treaties of Rwanda, Treaties of São Tomé and Príncipe, Treaties of Senegal, Treaties of Serbia and Montenegro, Treaties of Singapore, Treaties of Slovenia, Treaties of Spain, Treaties of Suriname, Treaties of Switzerland, Treaties of Syria, Treaties of Tajikistan, Treaties of the French Third Republic, Treaties of the Hungarian People's Republic, Treaties of the Kingdom of Egypt, Treaties of the Netherlands, Treaties of the People's Republic of Benin, Treaties of the Republic of MacEdonia, Treaties of the United States, Treaties of the Weimar Republic, Treaties of Tunisia, Treaties of Turkey, Treaties of Ukraine, Treaties of Yugoslavia, World Intellectual Property Organization Treaties
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Hague Agreement Concerning the International Deposit of Industrial Designs

The Hague Agreement Concerning the International Deposit of Industrial Designs, also known as the Hague system provides a mechanism for registering an WIPO.

Contents

  • History 1
  • Contracting Parties (member countries) 2
  • Qualification to use the Hague system 3
  • Application requirements 4
  • Examination and registration procedure 5
  • Duration & renewal 6
  • References 7
  • External links 8

History

The Hague Agreement consists of several separate treaties,[1] the most important of which are: the London Act of 2 June 1934,[2] the Hague Act of 28 November 1960,[3] and the Geneva Act of 2 July 1999.[4]

Countries can sign up to the 1960 (Hague) Act, the 1999 (Geneva) Act, or both (the 1934 Act is frozen as of 1 January 2010). 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)

A list of the Contracting Parties is maintained by WIPO.

Qualification to use the Hague system

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

  • the applicant is a national of a Contracting Party (i.e. member country)
  • the applicant is domiciled in a Contracting Party
  • the applicant has a real and effective industrial or commercial establishment in a Contracting Party
  • the applicant has its habitual residence in a Contracting Party (only available if the Contracting Party in question has adhered to the 1999 (Geneva) Act)

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 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.

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.

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.

References

  1. ^ Full texts of the Hague Agreement, Regulations and Administrative Instructions. WIPO
  2. ^ London Act of the Hague Agreement. WIPO
  3. ^ Hague Act of the Hague Agreement. WIPO
  4. ^ Geneva Act of the Hague Agreement. WIPO

External links

  • World Intellectual Property Organization (WIPO) information on the Hague Agreement
  • List of the Contracting Parties
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.