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Hague System for the International Registration of Industrial Designs

Hague System for the International Registration of Industrial Designs. AIPLA Annual Meeting, Washington, October 19, 2006 Marcus Höpperger WIPO. towards a global registration system for designs. facilitating industrial design protection internationally

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Hague System for the International Registration of Industrial Designs

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  1. Hague System for the International Registration of Industrial Designs AIPLA Annual Meeting, Washington, October 19, 2006 Marcus Höpperger WIPO

  2. towards a global registration system for designs facilitating industrial design protection internationally through a simple, expeditious and cost-effective procedure for • the central filing of applications • the central management of registrations

  3. international protection strategy (1)national and regional multiple formalities ------ ------ ------ ------ ------ ------ B A ------ ------ ------ ------ ------ ------ C D

  4. international protection strategy (2)the international route (the Hague System) A single application having effect in several countries B D ------- ------- ------- ------- WIPO A C E

  5. Comparison National or RegionalInternational RouteRoute (Hague System) • many Offices for filing • one Office for filing • many languages • one language • many currencies • one currency • many registrations • one int. registration • many renewals • one renewal procedure • many modifications • one modification procedure • many foreign attorneys • foreign attorney at filing first needed if refused

  6. Who can use the system?you need an attachment to a Contracting Party • nationality • domicile • habitual residence • real and effective industrial or commercial establishment

  7. The international application • in English or French • may be filed directly with the International Bureau • may comprise several different designs up to a maximum of 100 if they belong to the same class of the international classification (Locarno) • one set of fees (in CHF) is to be paid

  8. The Hague System Procedure (I) Role of the International Bureau - Formal examination - Recording in the International Register - Publication in the International Designs Bulletin (can be deferred) - Notification to Member States through the Bulletin Effects of the international registration - Same effect as a regularly filed national application in all designated States

  9. The Hague System Procedure (II) Refusal by a designated State - on same substantive grounds as for national filings - must be communicated within time limit - effect limited to territory of State that has refused - no refusal = same rights as a local design registration International Registration (where non refused) - a bundle of independent national rights - advantages of central management

  10. The Hague System Procedure (III) Duration: 5 years renewable • at least once (1960 Act) or twice (1999 Act) • longer renewal period if allowed by designated State Central management for renewals and modifications • single request • single set of requirements • one language • single payment in a single currency • single renewal date and cycle to monitor

  11. refusal no refusal = effect ofa national registration Application/Registration Flow Indirect NAT. or REG. OFFICE International Application Formal examination; International registration; Certificate. Notification to designated countries by publication (Bulletin). INTERNATIONALBUREAU Direct Substantive examination: refusals must be made within set time limits from publication of International Registration OFFICE OFDESIGNATEDCOUNTRY

  12. The Hague AgreementLegal basis Three independent Acts • London Act (1934) - 15 States • Hague Act (1960) - 32 States • Geneva Act (1999) - 20 Contracting Parties The laws of each Contracting Party - substantial conditions; use and protection of design

  13. 6 June 2006 Hague Union Members (44)by most recent act

  14. Hague Union Members (44) Grouped according to the most recent Actof which each State is Member Geneva Act (1999): Botswana, Croatia, Egypt, Estonia, Georgia, Hungary, Iceland, Kyrgyzstan, Latvia, Liechtenstein, Namibia, Republic of Moldova, Romania, Singapore, Slovenia, Spain, Switzerland,The former Y.R. of Macedonia, Turkey, Ukraine (20) Hague Act (1960): Belgium, Belize,Benin,Bulgaria,Côte d’Ivoire, D.P.R. of Korea, France, Gabon, Germany, Greece, Italy,Luxembourg, Mali, Monaco,Mongolia, Morocco, Netherlands, Niger, Senegal,Serbia and Montenegro,Suriname (21) London Act (1934): Holy See, Indonesia, Tunisia (3)

  15. Hague Membership (44) Geneva Act (1999) Hague Act (1960) London Act (1934)

  16. International Registrationsin force as of December 31, 2005 • 32,012 international registrations • 327,000+ designations • 1,437,000+ designs

  17. International Registration Portfoliosas of December 31, 2005

  18. Profile 2005

  19. Number of Designationsin International Registrations in 2005

  20. Number of Designsin International Registrations in 2005 59% 24% 11% 4% 1% 1% Number of Designs

  21. Amount of Feesin International Registrations in 2005 56% 28% 8% 3% 2% 2% 1%

  22. International Registrations (1,135)by country of owner in 2005 33% 29% 19% 10% 4% .8% .5% .5% .5% .5% www.wipo.int/scit/en/standards/pdf/03-03-01.pdf

  23. Designations (total 13,940)Most Designated Contracting Parties in 2005

  24. Top 10 Classes of Goods 2005by international registrations Locarno Classification (www.wipo.int/classifications)

  25. Some Top Users Swatch (CH); DaimlerChrysler (DE); Interior's (FR); Sony Overseas (CH); Unilever (NL); BMW (DE); Hermes Sellier (FR); SEB (FR); Sara Lee (NL); Phillips Electronics (NL); Porsche (DE); Braun (DE); Nokia (DE); Hansgrohe (DE); Tefal (FR); Société Elmar Wolf (FR); WTG Westfälische Textil-Ges. Klingenthal & Co. (DE); Seb (FR); Volkswagen (DE); Siemens (DE); Swarovski (LI); Interior’s (FR); Fiat (IT); Calor (FR); Leifheit (DE); Koziol Geschenkartikel (DE); Richmont (CH); Fonkel Meublemarketing (NL); Mainetti (DE); Guy Degrenne (FR); Cartier (FR); Salomon (FR); Grohe Water Technology (DE); Societe Des Verres des Verres de Securite (FR); Vitra Patente (CH); Grosfillex Sarl Arbent Oyonnax (FR); ITM Enterprises (FR); Chaumet International (FR); Henkel Kommanditgesellschaft auf Aktien Henkelstrasse (DE); Chopard International (CH); Goodyear Tire & Rubber Company (DE); WMF (DE); Groupe Bercher (FR).

  26. Prospects for the Future

  27. A Timeless Concept . . . The centralized acquisition, maintenance and management of design rights by means of an international registration system with overlapping national and regional components • Cost-effective and efficient, thereby creating opportunities that would not otherwise exist for any enterprise with a limited budget for legal protection • Affords right holders with great flexibility in targeting national, regional or global markets for particular goods

  28. . . . Whose Time has Come The Geneva Act (1999), which became fully operational in 2004, will become to the international registration of industrial designs what the Madrid Protocol (1989), which became fully operational in 1996, has become to the international registration of marks • Geographic Expansion: Each new accession serves as a catalyst for the next as the system becomes more attractive to trading partners who have not yet joined • Increased Use: Occurs in existing as well as new Contracting Parties, in developing as well as developed countries and by small, medium and large enterprises

  29. More Information at www.wipo.int/hague

  30. World Intellectual Property Organization Thank You marcus.hopperger@wipo.int

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