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Hague System for the International Registration of Industrial Designs. Alan Datri. basics. Centralization.

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centralization
Centralization
  • The centralized acquisition, maintenance and management of industrial design rights by filing a single international application for a single international registration in which one or more Contracting Parties are designated.
    • Allows right holders to target national, regional or global markets with respect to particular goods.
    • Cost-effective and efficient (at the front and back ends), thereby creating opportunities that would not otherwise exist for any enterprise with a limited legal budget, be it small, medium or large.
    • Enhanced by various on-line services on the Hague system pages of the WIPO website: e-filing; e-payment; e-renewal, etc.
slide4

Centralization

National/Regional Route

International Route

Applicant

Applicant

Office A

Office B

Office C

Territory A

Territory B

Territory C

Territory A

Territory B

Territory C

hague system today

December 24, 2013

Hague System Today

46 Geneva Act (1999) (including EU and OAPI)

15 Hague Act (1960)

61 Contracting Parties

hague system tomorrow

2014 – 2016?

Hague System Tomorrow?

53 Geneva Act (1999) (including EU and OAPI)

15 Hague Act (1960)

68 Contracting Parties

interesting times
Interesting Times
  • “Complexification”
    • With the arrival of the examination systems (Korea, US, Japan, China), it will not longer be a one-size-fits-all system.
  • Jumpstarting Harmonization
    • Possible design law treaty resulting from the work of the SCT
    • Advocating “best practices” among offices
    • “Intelligent” electronic tools to navigate the differences
declarations under the geneva act

www.wipo.int/hague/en/members/

Declarations under the Geneva Act
  • Prohibition on filing through Office and/or self designation
  • Required views (< 6/1)
  • Special Requirements regarding applicant or creator
  • Additional Mandatory Requirements: (i) indications of identity of creator; (ii) brief description and/or (iii) claim
  • Fee structure: standard designation (3) or individual
  • Security clearance
  • Deferred publication less than 30 months or no deferment
  • Time for notifying refusal and commencement of grant of protection
  • Unity of design
  • Effect of change in ownership
  • Maximum duration of protection
putting things in perspective
Putting Things in Perspective
  • Simple in concept
    • Accommodates business models that need to reduce costs not only in the initial filing, but also in the maintenance and management of a right
  • Can be complex in implementation and use
    • Not surprising in what it seeks to accomplish, namely, to provide centralized access to different national and regional design systems
  • Practitioners, Practitioners, Practitioners
    • Proper functioning system depends on the advice of a knowledgeable practitioner, whether legal or paralegal or in house or outside counsel
slide11

Hague Agreement

    • London Act(1934)

“Frozen” as of 1 Jan 2010

    • Hague Act(1960)

Primarily European

    • Geneva Act(1999)

Entered into force on 23 Dec 2003

Operational on 1 Apr 2004

Treaty of the future

Hague System

for the International Registrationof Industrial Designs

  • Common Regulations(1996)

Last revised: 1 Jan 2014

common definitions

differentiates requirements

  • Admin. Instructions(2002)

Last revised: 1 Jan 2014

National Laws & Regulations

closed system
Closed System
  • Entitlement
    • Must have a connection with a Contracting Party of a treaty
      • Real and Effective Industrial or Commercial Establishment (“Establishment”)
      • Domicile
      • Habitual Residence
      • Nationality
  • Extension of Protection
    • Can only designate Contracting Party with a common treaty
registration
Registration

Direct Filing

International

Application

Indirect Filing

OFFICE OF APPLICANT’S CONTRACTING PARTY

SECURITY CLEARANCE

Self-Designation

FORMALITIES EXAMINATION

International Register

Certificate of International Registration

Publication

(immediate; standard; deferred)

INTERNATIONALBUREAU

Designations

OFFICE OFDESIGNATEDCONTRACTINGPARTY

OFFICE OFDESIGNATEDCONTRACTINGPARTY

SUBSTANTIVE EXAMINATION

maintenance and management

www.wipo.int/madrid/en/forms/

Maintenance and Management
  • Renewal (5 years) – DM/4
  • Appointment of a representative – DM/7
  • Change of name and address or holder or representative – DM/6
  • Record transfer of ownership – DM/2
    • Statements or documents may be required
  • Limitation of designs in one or more DCPs – DM/3
  • Renunciation of all designs in one or more DCPs – DM/5
international registration effects
International Registration: Effects
  • As a national/regional application
    • As of the date of the international registration
  • As a grant of protection
    • No Refusal
      • Date of expiry of refusal period (6 or 12 months), at the latest,* but can be later (if “examining Office” or opposition)
      • Date of optional statement of grant of protection prior to expiration of refusal period
    • Refusal
      • If overcome, date of withdrawal/statement of grant of protection, at the latest*
  • * “At the latest”: grant could be earlier, e.g., date of international registration
international registration duration
International Registration: Duration
  • Initially valid for 5 years from date of international registration
    • Minimum duration of protection set by governing treaty
      • 3 x 5-year term = 15 years
    • Maximum duration of protection set by national/regional law of each DCP
      • 6 months before the expiration of a 5-year term, the IB unofficially notifies holder of the maximum duration of protection in each DCP
slide20

www.wipo.int/hague/en/members/

10

DESIGNATED CONTRACTING PARTIES

DECLARATIONS

i

!

slide21

7

8

REPRODUCTIONS OF DESIGNSLOCARNO CLASS and SUB-CLASS(ES)(if latter known)

reproductions general requirements
Reproductions: General Requirements
  • Mode
    • Photographs or graphic reproductions
    • B&W or color
  • Requirements
    • Industrial design alone at the exclusion of all else
    • Against a neutral/plain background
    • Technical drawings, particularly those showing axes, dimensions, explanatory text or legends unacceptable
    • May include shading and hatching
    • Dotted or broken lines or the text of the description may depict matter not claimed
2014 hague yearly review

www.wipo.int/ipstats

2014 Hague Yearly Review
  • Highlights
  • Summary of System
  • Use of Hague System
  • Administrative Procedures, Revenue and Fees
  • Relevant Developments in Membership and Legal Framework
  • Annexes
2013 key figures
2013 Key Figures

Designs Contained inApplications/Registrations

Applications/Registrations

self study

www.wipo.int/hague

Self-Study
  • Hague Yearly Review, International Registration of Industrial Designs (930E/14)
  • Objectives, Main Features, Advantages of the Hague System (911)
  • DM/1 - International Application
  • DM/1.inf - Explanatory Notes to DM/1
  • Guide to the International Registration of Industrial Designs under the Hague Agreement
  • Legal Texts - Geneva Act (1999); Common Regulations; Administrative Instructions
alan datri ipdatri@att net
Memphis, TN Washington, DC

(901) 201 6696 (202) 657 6763

ALAN DATRIIPDatri@att.net
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