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Damascus, May 28 and 29, 2008 Päivi Lähdesmäki, WIPO

The 1999 Geneva Act of the Hague System for the International Registration of Industrial Designs WIPO National Seminar on Industrial Property and on the Implementation of the TRIPS’ Obligations in the Pursuance of National Public Policies and Goals. Damascus, May 28 and 29, 2008

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Damascus, May 28 and 29, 2008 Päivi Lähdesmäki, WIPO

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  1. The 1999 Geneva Act of the Hague System for the International Registration of Industrial DesignsWIPO National Seminar on Industrial Property and on the Implementation of the TRIPS’ Obligations in the Pursuance of National Public Policies and Goals Damascus, May 28 and 29, 2008 Päivi Lähdesmäki, WIPO

  2. States English/French Refusal 6 months Special requirements not possible Deferment up to 12 months. 10 years minimum duration States + Organisations English/French 6 or 12 months option e.g. – Identity of creator - Brief description - Claim Deferment up to 30 months 15 years minimum Why Geneva (’99) Act? 1960 1999

  3. Preparing an International Application: • Entitlement to file an International Application • Languages • Representation before the International Bureau

  4. 1. Entitlement to file an International Application

  5. Who May File an Application ? • Article 3 of the 1999 Act: • Closed system: • nationality • domicile • real and effective industrial or commercial establishment • habitual residence

  6. Which Act Will Govern the Application ? • Article 31(1) of the 1960 Act and of the 1999 Act: • The latest Act shall apply: • as regards the mutual relations of States party to the 1934 Act / the 1960 Act / the 1999 Act

  7. Designations of Contracting Parties Several Contracting Parties may be designated. An international application may be governed by more than one Act. 1999 Act 1934 / 1960 /1999 1960 Act 1960 1934 / 1960 / 1999 1999 Act 1999

  8. Designations of Contracting Parties The European Community is one Contracting Party, which is independent of its member states. 1999 Act 1999 1999 Act 1934 / 1960 / 1999 1999 Not possible

  9. Designations of Contracting Parties All member states of the European Union may enjoy the 1999 Act. 1999 Act 1934 / 1960 / 1999 1999 Act 1999 1999 As an EU member 1999 Act 1999

  10. Designations of Contracting Parties Cumulative status: again, the latest Act shall apply. 1999 Act 1999 1934 / 1960 1999 Act 1934 / 1999 1999 As an EU member 1960 Act 1960

  11. Several Applicants Two or more applicants may jointly file an application ! Provided that each of them has an entitlement through a Contracting Party or Parties bound by the same Act or Acts.

  12. Several Applicants Co-applicants A and B A B 1999 Act 1999 1960 1934 / 1960 / 1999 1999 Act 1999 1999 As an EU member 1960 Act 1934 / 1960

  13. 2. Languages

  14. Languages (Rule 6) English and French • Filing • Communications • Recording and Publication

  15. Language of Filing Rule 6(1) and Rule 14(2)(a): English or French Attention: if filed trough the Office, it may restrict the choice of the language. Art.4(1)(a) of the 1999 Act: An international application may be filed through the Office of the State of Origin if that Office so permits.

  16. Language of Communication Rule 6(3): • To the International Bureau (from an Office or applicant / holder): English or French • Principle: from the International Bureau (to an Office or applicant / holder): The language of application

  17. 3. Representation before the International Bureau

  18. Representation (Rule 3) • Before the International Bureau. • Not compulsory • No provision regarding competence or qualification • No provision regarding geographical location

  19. Appointment of a Representative Rule 3(1) and (2): • Must be signed by the applicant or holder • Only one representative

  20. How to Appoint? Rule 3(2): • In an international application • In a request for the recording of a change (change in the ownership, change in the name and/or address of the holder etc.) • In a separate communication (form DM/7 may be used)

  21. Cancellation of Appointment Rule 3(5): • May be requested by the applicant or holder, or the representative • Ex officio by the International Bureau on appointment of a new representative, or in the case of a change in ownership. No fee payable on appointment, change or cancellation of representative.

  22. How to Fill in the Application Form DM/1 ?Some main features

  23. Contents of the International Application: • Compulsory requirements : • Identity of the applicant • Entitlement of the applicant (nationality, domicile, establishment, habitual residence) • Reproductions of the industrial designs • Designation of the articles (Locarno classification optional) • Designated Contracting Parties • Fees paid

  24. Contents of the International Application (cont.): • A single international application may comprise several different designs (“multiple deposit”), up to a maximum of 100. • All the designs must belong to same class of Locarno classification- i.e., ‘monoclass’ application. • Must contain, inter alia, a reproduction of the designs, along with the designation of the Contracting Parties where protection is sought

  25. Reproductions (Administrative Instructions: Part 4) 1) Contents 2) Quality 3) Physical presentation

  26. 1) Contents • Deposited design or article alone • dotted or broken lines • Plain and neutral background • 3 cm minimum (subject matter) • Technical drawings not allowed

  27. 2) Quality • Photographs / drawings • Colour or Black & White • Aim : publication

  28. 3) Physical presentation • pasted or printed onto a sheet of white and opaque A4 paper • numbering (1.1, 1.2, … ; 2.1, 2.2…) • maximum size is 16x16 cm • edges cut at right angle • «right-angled» free of any foreign element • 5mm margin around each reproduction • ascending numerical order • sheet used upright

  29. A 1.2 1.1 1.3 1.4 1.5 1.6 A’ X

  30. 1.1 1.2 1.3 1.6 1.4 1.5 

  31. X  X 

  32. Give us our references (number and initials) Mind a possible impact on the publication fees: savings or extra cost? Base yourself on what was accepted Do not file a new application (except if divisional) New reproductions should not be loose nor bent New reproductions are required, not new representations ... Correcting Irregularities X 

  33. 21/11/03 15/12/03 “… new reproductions are required, not new representations”

  34. Deferment of Publication • 1999 Act - up to 30 months (from the filing date or from the priority date)

  35. Requesting Immediate Publication or Deferment

  36. Costs of an application: • Payable Fees • Basic fee : 397 CHF + 19 CHF / additional design • Standard designation fee : • level one: 42 CHF + 2 CHF / additional design • level two: 60 CHF + 20 CHF / additional design • level three: 90 CHF + 50 CHF / additional design or • Individual fee : see schedule of fees • Publication fee : 17 CHF + 150 CHF / additional page

  37. Designation Fees (Individual) Tip : Use Fee Calculator http://www.wipo.int/hague/en/

  38. The Hague Website • http://www.wipo.int/hague/en/ • Information about Members • Information Notices • Forms / e-filing/ Fee Calculator • Electronic Guide and Legal Texts • Databases • Possibility to subscribe to newsletter • (near future – Country Info. Sheets)

  39. World Intellectual Property Organization Thank You Päivi LähdesmäkiSenior Legal OfficerInternational Registration Systems Legal Service paivi.lahdesmaki@wipo.int

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