The international filing of a design is regulated by the Hague Agreement of 1925, revised and completed several times.
A single procedure
The international filing is administred by the WIPO. It is thus possible, by a single filing, to obtain a protection in the different designated States, choosen among the States party to the Agreement.
The delivered right is international, in an administrative point of view : for renewing it or in case of titular change for example, the procedure is centralized.
A protection according to the national law
In each State, the delivered design is subject to the same protection as a national design. Thus, the national Office of a designated State can refuse the design protection for its territory. In case of suit, the national courts are relevant.
Who can file an international design ?
The natural or legal persons who can file an international design are :
- the nationals or residents (domicile for a natural person, headquarter for a legal person) of a State party of the Agreement ;
- the companies having a real and effective industrial or commercial establishment in a State party of the Agreement.
Procedure
The procedure language is French or English (in some cases, French is compulsory).
When filing, it is possible to ask for a deferment of the publication for a maximum duration of 12 months from the international filing or from the priority date.
The International Bureau examines the form of the application and, in case of need, asks to the applicant for modifications within a period of 3 months.
The regular application is registered in the International Design Register.
In each designated State, the application may be submitted to an administrative ex officio examination or to an opposition by a third party when the national law provides it. In case of refusal of protection in a State, the national Office notifies such a refusal to the International Bureau within a period of 6 months from the date on which the national Office receives the issue of the periodical Bulletin in which the registration of the international deposit has been published. The Applicant has the same remedies against the refusal of a national Office as if he had deposited his design in that Office.
Effect of the international design
In the States where no refusal of protection is notified within the 6-month period, the international deposit has effect from the international filing date or the priority date for 5 years at least once renewable. The maximun protection duration depends on each designated state.
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