International design registration is administered by the International Bureau of the World Intellectual Property Organization (WIPO), located in Geneva, Switzerland. The Hague Agreement establishes an international registration system, which allows design owners to obtain protection for their industrial designs in countries that are parties to the agreement (more than 80 countries) through filing one single international application. The Hague system has facilitated the registration process by having a single filing as well as permitting the applicant to hire a single attorney (who speaks one of the languages: English, French or Spanish), who can be located in the home country of the applicant.
Advantages of the Hague system:
The international industrial design registration system offers a number of advantages, including:
- Minimum costs and formalities by submitting one application for industrial design protection in several Contracting Parties, in one language (English, French or Spanish), with payment of one set of fees, in one currency (CHF) and before one institution (the International Bureau of the World Intellectual Property Organization (WIPO)).
- The application for registration of an international industrial design may contain up to 100 different designs (“multiple application”), which must belong to the same class of the Locarno International Classification.
- There is a possibility to postpone the publication for a maximum of twelve months or thirty months from the date of application or from the priority date when priority is claimed.
- There is a possibility to hire only one industrial property representative (who speaks one of the following languages: English, French or Spanish), who can be located in the home country of the applicant.
- The registration of a design with the International Bureau of WIPO shall have the same effect in the territory of the designated countries as if the application for registration had been submitted directly to the offices of those countries.
- The international registration is equivalent to several national registrations.
- No prior national application or registration is required.
- Changes that take place after the registration such as change of name and address of the holder, change of ownership, and other similar changes can be entered and give effect to the designated parties by completing a single formality and paying only one fee.
Procedure
A national application or registration is not required in order to register an international design. The application for registration of international design, together with the various accompanying documents depending on the designated countries, shall be filled in one of the following languages (English, French or Spanish). A single application may contain up to 100 different designs (“multiple application”), which should belong to the same class of the Locarno International Classification. Fees should also be paid to the International Bureau of the World Intellectual Property Organization (WIPO). The publication may be postponed for a maximum of twelve months or thirty months from the date of application or from the priority date when priority is claimed.
After the application for international design registration is submitted, the International Bureau performs the so-called formal expertise – whether the application meets the formal requirements. In case the application passes the formal examination successfully, it shall be published in the International Design Bulletin on the WIPO website. Following publication, each Office shall have the right under national law to refuse design protection for its territory by giving notice of the refusal to the International Bureau within six months of the date of publication of the international registration. It is important to note that the 1999 Act provides for the possibility for any Contracting Party whose Office carries out expertise or whose laws provide for opposition to the granting of protection, to declare that the six-month period will be replaced by a twelve-month period.
Period of validity. Renewal
The term of protection of international design with is five years. It can be renewed for an additional period of five years. If a national law provides for a term of protection longer than ten years, the design shall receive protection for the period provided for by the national law.
During the registration procedure of international design, it is advisable to seek assistance from an industrial property representative (who speaks one of the languages: English, French or Spanish), who can be located in the home country of the applicant. Krasimira Kadieva will gladly assist you in your international application due to her English language proficiency as she has obtained LL.M. in International Business Law at Queen Mary College, University of London.
If you would like to assign us the registration of your international industrial design, please contact us at 00359 882 308 670 or make an inquiry using the contact form of this website.
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Legal Disclaimer: This material prepared by Krasimira Kadieva aims to give information about international industrial design registration. It does not constitute a legal opinion and cannot be interpreted as individual consultation on any concrete facts or circumstances. The advice of an intellectual property specialist should be obtained for specific questions and situations. For more information on the above-mentioned issues and individual consultations, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website. Krasimira Kadieva is a Bulgarian and European trademark and design attorney. She offers comprehensive analysis and strategy for the effective protection of industrial designs as objects of industrial property, both at the time of registration and in violation of the rights thereto. The IP attorney in Bulgaria Krasimira Kadieva assists in all types of industrial design registrations by providing professional advice and preparation of all necessary documents.