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Achievements in 10 Years of Community Designs

Achievements in 10 Years of Community Designs. Paul Maier Director of the European Observatory on Infringements of Intellectual Property Rights, OHIM David Musker Jenkins & Co. Gerhard Bauer IP consultant Former Chief Trademark Counsel for Daimler AG, Germany Gr é goire Bisson

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Achievements in 10 Years of Community Designs

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  1. Achievements in 10 Years of Community Designs

  2. Paul Maier Director of the European Observatory on Infringements of Intellectual Property Rights, OHIM David Musker Jenkins & Co. Gerhard Bauer IP consultant Former Chief Trademark Counsel for Daimler AG, Germany Grégoire Bisson Director, The Hague Registry, Brands and Designs Sector, WIPO Chair: Sir Robin Jacob Professor of IP Law, UCL

  3. A Measure of the RCD’s SuccessThe Hague System 1993 – 2013 Grégoire BissonDirector, The Hague RegistryWIPO

  4. …the ability to influence your environment “Success”: a Definition

  5. Another “Odd Couple”

  6. Applicant Office A Office B Office C Territory A Territory B Territory C The Hague System in a Nutshell “The Hague Agreement provides creators and holders of designs with a simple, rapid and economical procedure to secure and maintain the protection of industrial designs, through a single international registration.” Applicant Territory A Territory B Territory C

  7. Hague Evolution: Designs Registered 1985 - 2002

  8. The Geneva Act of 1999

  9. The Hague System: 1 April 2003 1934Act 1960 Act 1999 Act not yet in force

  10. London Act (1934)Hague Act (1960) Origin of Hague Registered Designs in 2002 by Address of the Holder (Top 5) Total registered designs 19108 Netherlands1030 35% 5% Germany Germany6801 21.1% France3608 19% 11% Switzerland2090 19% Italy3687 Other countries 14% 1892 11%

  11. London Act (1934)Hague Act (1960) Designations by Registered Designs in 2002 Total registered designs 19108 Benelux16490 87% Germany Germany16742 88% 21.1% 93% France17693 80% 85% Italy16241 Other Contracting Parties (average) Switzerland15256 14% 4887 26%

  12. Evolution of Membership to The Hague vs. Designs Registered 1993 – 2012 1999 Act comes into effect

  13. Evolution of Membership to The Hague vs. Designs Registered 1993 – 2012 EU expands RCD 1999 Act comes into effect

  14. Evolution of Membership to The Hague vs. Designs Registered 1993 – 2012 EU Joins Hague

  15. 2002 Origin of Hague Registered Designs In 2012 By Address of the Holder (Top 5) 19108 2012 11971 Netherlands554 Germany Germany3837 5% 32% 21.1% France1330 Switzerland2383 11% 20% Italy938 8% Other countries 2929 24% London Act (1934)Hague Act (1960)

  16. Designations by Registered Designs in 2012 European Union8961 Total registered designs 11971 75% Ukraine2853 24% 27% Switzerland8802 Turkey5110 74% Germany Singapore2531 21% Other Contracting Parties (average) 14% 734 6%

  17. The Geneva Act of 1999

  18. The Hague System 2013? 2013? 45 Geneva Act (1999) (including EU and OAPI) 15 Hague Act (1960)________________________________________ 60 Contracting Parties

  19. It was not in vain

  20. RCD and the Hague: In Conclusion • Despite the initial blow, the Hague system is a better system thanks to the interplay with the RCD and this relationship will last. • Users have more options: file for a RCD through the Hague or not, and/or file for individual EU States through the Hague or not.

  21. Questions

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