1.The Hague System enables design owners to apply centrally for designs for a number of states and/or intergovernmental organizations (in particular the European Union Intellectual Property Office), rather than having to make separate applications for each state and/or intergovernmental organization.
2.Unlike Madrid Registration, it is not a requisite to have parent origin application or registration.
3. Applicant can register up to 100 designs in 77 contracting parties covering 94 countries, through the filing of a single application.
4.Relatively easier maintenance and management work since design owners can renew, transfer, and make bibliographic change record by one time request, and of course effective in all designated countries.
5.China accedes to Hague Agreement and thus officially become member states from May 05, 2022. China nationals, entity or individual having domicile, or genuinely effective industrial or commerce establishment in China are
- Hague system process:
(1) WIPO conducts on examination of formal requirements. When formality examination is passed, WIPO issues a certificate of international registration and publishes the application.
(2) IP office of designated contracting party performs substantive examination.
(3) When prescribed time limit either of 6 month or 12 months (contingent on different designated countries) expires, and that no notice of refusal is issued, the international registration automatically gets granted in designated countries. In contrast, once notice of refusal is issued by designated country, the applicant should respond to said refusal before given period of time.
(4) Duration of protection initially grants proprietor five years. Proprietor can then renew design which guarantees at least 15 years of protection. In some countries, maximum valid term is 25 years.
Photo excerpt from WIPO:https://www.wipo.int/portal/en/index.html
Jul 2022 by CH
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