Hague system
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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 World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishin ...
.


Instruments

The Hague Agreement consists of several separate treaties, the most important of which are: the Hague Agreement of 1925, the London Act of 2 June 1934, the Hague Act of 28 November 1960 (amended by the Stockholm Act), and the Geneva Act of 2 July 1999.Geneva Act of the Hague Agreement
. WIPO 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 77 members covering 94 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: ;Notes
list of the Contracting Parties
is maintained by WIPO.


Use of the system


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 their 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
African Intellectual Property Organization African or Africans may refer to: * Anything from or pertaining to the continent of Africa: ** People who are native to Africa, descendants of natives of Africa, or individuals who trace their ancestry to indigenous inhabitants of Africa *** Ethn ...
(OAPI) and the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
. 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. 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 Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People E ...
city
The Hague The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...
.


References


External links


World Intellectual Property Organization (WIPO) information on the Hague Agreement

List of the Contracting Parties
in the
WIPO Lex WIPO Lex is an online global database launched in 2010, which provides free public access to intellectual property laws, treaties and judicial decisions from around the world. The World Intellectual Property Organization (WIPO) maintains and devel ...
database — official website of
WIPO The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishin ...
. * Treaties concluded in 1925 Treaties entered into force in 1928 Intellectual property treaties Treaties of Albania Treaties of Armenia Treaties of Azerbaijan Treaties of Belgium Treaties of Belarus Treaties of Belize Treaties of the People's Republic of Benin Treaties of Bosnia and Herzegovina Treaties of Botswana Treaties of Bulgaria Treaties of Ivory Coast Treaties of Cambodia Treaties of Canada Treaties of China Treaties of Croatia Treaties of North Korea Treaties of Denmark Treaties of the Kingdom of Egypt Treaties of Estonia Treaties entered into by the European Union Treaties of Finland Treaties of the French Third Republic Treaties of Gabon Treaties of Georgia (country) Treaties of the Weimar Republic Treaties of Ghana Treaties of Greece Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of Israel Treaties of Italy Treaties of Jamaica Treaties of Japan Treaties of Kyrgyzstan Treaties of Latvia Treaties of Liechtenstein Treaties of Lithuania Treaties of Luxembourg Treaties of Mali Treaties of Monaco Treaties of Mongolia Treaties of Montenegro Treaties of Morocco Treaties of Namibia Treaties of the Netherlands Treaties of Niger Treaties of Norway Treaties entered into by the African Intellectual Property Organization Treaties of Oman Treaties of Poland Treaties of Mexico Treaties of Moldova Treaties of Romania Treaties of Russia Treaties of Rwanda Treaties of Samoa Treaties of São Tomé and Príncipe Treaties of Senegal Treaties of Yugoslavia Treaties of Singapore Treaties of Slovenia Treaties of Spain Treaties of Suriname Treaties of Switzerland Treaties of Syria Treaties of Tajikistan Treaties of North Macedonia Treaties of Tunisia Treaties of Turkey Treaties of Turkmenistan Treaties of Ukraine Treaties of the United Kingdom Treaties of the United States Treaties of Vietnam Treaties extended to the Dutch East Indies Treaties extended to Curaçao and Dependencies Treaties extended to Surinam (Dutch colony) Treaties extended to the Isle of Man Treaties extended to Guernsey Treaties extended to West Berlin Treaties of East Germany Treaties extended to the Spanish Protectorate in Morocco Treaties extended to French Algeria Treaties extended to Tangier Treaties extended to Saar (League of Nations) 1925 in the Netherlands World Intellectual Property Organization treaties {{EngvarB, date=October 2013