Hague Agreement Concerning the International Deposit of Industrial Designs
The Hague Agreement Concerning the International Deposit of Industrial Designs is an international treaty that governs and facilitates the international registration of industrial designs. It thus forms a central component in international design protection and promotes the administration and enforcement of rights for designs in multiple countries. The following provides a detailed overview of the legal foundations, objectives, functioning, contracting parties, as well as the development and significance of the Hague Agreement.
Legal Background and Objectives
The Hague Agreement was adopted in 1925 within the framework of the Hague Conference and has since been expanded and developed through several acts and revisions. The main objective is to enable holders of industrial designs to obtain protection in multiple contracting states with a single application to the International Bureau of the World Intellectual Property Organization (WIPO). Access to design protection is significantly simplified by the Agreement since multiple applications in different countries become unnecessary.
Definition: Industrial Designs
Industrial designs refer to the appearance of products, which are particularly characterized by lines, contours, colors, shape, surface structures, or materials. They are the counterpart to trademark and patent protection and focus on a product’s aesthetic appearance.
Development and Structure of the Agreement
Historical Development
The original Hague Agreement was concluded in 1925. Substantial revisions and expansions were made especially by the London Act of 1934, the Bern Act of 1960, and the Geneva Act of 1999. Each of these acts introduced specific regulations and adaptations to meet the needs of international trade and protection interests.
Scope and Contracting Parties
The agreement is open to both states and intergovernmental organizations responsible for industrial designs—such as the European Union. A complete list of contracting parties is published and regularly updated by WIPO.
Application Procedure and Effect
Central International Application
The centerpiece of the Hague Agreement is the central application procedure: an application can be submitted to the International Bureau of WIPO to obtain design protection in a variety of countries. The application must meet certain minimum requirements, such as identification of the design, indication of the products, and, where appropriate, statements regarding the author.
Examination and Registration System
The application is formally examined by the International Bureau and, if all requirements are met, entered into the International Register. Publication in the International Register opens up the opportunity for the design to be examined and possibly protected in all designated contracting states. Each contracting state can refuse protection within a certain period if national regulations oppose it.
Scope of Protection and Duration
International registration grants protection limited to the designated states, the scope of which is determined by the respective national law. The maximum protection period is generally 15 to 25 years and depends on the national laws of the member states.
Legal Effects and Relationship to National Law
The agreement does not establish a unified substantive design law, but uniform procedural protection mechanisms. The substantive scope of protection and its requirements are determined by the law of the designated contracting states. Similarly, their rules apply for the defense and enforcement of design rights.
Relationship to Other International Agreements
Alongside the Hague Agreement, further important legal instruments exist in the field of industrial property protection. In particular, the Paris Convention for the Protection of Industrial Property and the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) govern key aspects of design protection and interact with the Hague System.
Changes Introduced by the Geneva Act of 1999
With the entry into force of the Geneva Act, the Hague System was significantly modernized. Key innovations include further opening of the system to international organizations, more flexible application requirements, as well as simplification of the application and renewal procedures. The Geneva Act especially makes it easier for businesses to effectively meet their protection needs with modern application options.
Significance and Practical Applications
The Hague Agreement has proven to be an effective instrument for promoting international design registrations. It enables companies and eligible individuals to obtain design protection in a wide range of countries efficiently, cost-effectively, and time-saving, without having to undergo complex national procedures. The agreement is particularly applicable to internationally active companies, creatives, and industrial designers who wish to secure their innovations in foreign markets.
Criticism and Challenges
Despite its advantages, certain challenges remain. The necessity to consider the national protectability requirements and the absence of substantive legal harmonization lead to differing protection periods and prerequisites. Diverging national examination practices can also occasionally result in legal uncertainties.
Summary and Outlook
The Hague Agreement Concerning the International Deposit of Industrial Designs is a key instrument for international design protection. It harmonizes the application procedure without unifying national substantive design law, thus providing companies in particular with easier access to legal protection in numerous countries. Despite existing challenges, the agreement has become indispensable in the modern international protection system for industrial designs and will continue to grow in importance as economic globalization increases.
See also:
- World Intellectual Property Organization (WIPO)
- Paris Convention for the Protection of Industrial Property
- Design law in the European Union
Sources:
- WIPO, Hague System for the International Registration of Industrial Designs
- Federal Ministry of Justice, Information on the Hague Agreement
- European Union Intellectual Property Office (EUIPO), Design Protection
Frequently Asked Questions
In which countries is a design automatically protected as a result of the Hague Agreement?
Under the Hague Agreement Concerning the International Deposit of Industrial Designs, the effective scope of protection depends solely on the contracting parties designated in the respective application for deposit. A design is only protected in a specific country or organization through the Hague System if that country or organization is a member of the Hague Agreement and has also been expressly selected or designated in the international registration application. The protective effect is furthermore limited to the countries in which the Hague Agreement is actually in force. Countries not party to the agreement do not grant automatic protection following international registration. Therefore, it is essential to inform oneself in advance about the status of each country’s membership in the Hague System and to specifically select those countries or organizations where protection is desired during the application process. Automatic extension to non-contracting states is excluded.
What is the effect of an international registration under the Hague Agreement in the designated countries?
The international registration of a design under the Hague Agreement has the same effect in the designated countries as a national deposit or registration. The protection arises under the respective national law; however, the design registered centrally with the World Intellectual Property Organization (WIPO) is treated as a right acquired under national procedure. The authorities of the designated countries generally examine the substantive and formal requirements for the acquisition of rights, as is customary with national registrations. Refusal of protection can only occur if the national laws of the designated states would deny protection. If this is not the case, the applicant enjoys full design protection under the respective national law.
What is the examination procedure for internationally registered designs?
After depositing a design under the Hague Agreement, the International Bureau of WIPO first conducts a formal examination, paying particular attention to the unity and completeness of the documents, such as representations and details of the design. After successful examination and entry, WIPO forwards the relevant information to the designated contracting states. These then have a set period (usually six or twelve months, depending on national law) to carry out a substantive or formal examination under their own regulations. Refusals are communicated to the depositor via WIPO. If there is no refusal within the period, the design is considered protected in all designated countries.
What is the duration of protection granted by the Hague Agreement?
The duration of protection granted by the Hague Agreement is essentially laid down in the Hague Convention, but is at least five years from the date of international registration. This duration can be extended in increments, depending on rules in the designated contracting state, up to the maximum allowed there (generally up to 15 or 25 years). The extension is applied for centrally at WIPO, which then notifies the extension to the designated states. It is important to note that the extension must be applied for before the current term of protection expires and the nationally required fees must be paid.
Who is entitled to file an international deposit?
Any natural or legal person who is a national of a contracting state, has a domicile, headquarters, or a real and effective industrial or commercial establishment in a contracting state is entitled to file an international deposit of a design under the Hague System. This also includes companies carrying out genuine economic activity in a contracting state. The entitlement must exist at the time of filing and must be substantiated by appropriate evidence if necessary.
How is legal protection enforced in the event of an infringement of an internationally registered design?
In the event of infringement of an internationally registered design, legal protection is governed by the national law of the designated country in which the infringement occurred. The holder of the international registration may file suit directly in the relevant country as if he or she held a national registration. Jurisdiction is therefore at the national level, with the international registration documents serving as proof of priority and subsistence of the right. Enforcement of protection, including claims for injunctive relief, damages, or destruction of infringing goods, is governed by national procedural law.
Can subsequent changes and transfers be made to an internationally registered design?
The Hague Agreement provides the possibility of subsequently making changes such as transfer of ownership, name or address changes, as well as limitations of the scope of protection, by applying centrally to WIPO. WIPO records these changes in the International Register and notifies the affected contracting states. However, some changes may only become legally effective through the national authorities, especially regarding the transfer of ownership. National requirements for an effective transfer must be observed, including formal requirements and fees.
