foreword

The application for a design patent is relatively simple, easy, and fast in the field of patent application. Therefore, most applicants prioritize design patents when seeking patent protection.

Although the protection of intellectual property rights has gradually become a global consensus, there are still certain differences in the protection systems adopted by each country for different types of intellectual property rights due to a series of reasons. This is mainly reflected in the application materials, application process, protection period, and other aspects. Applicants often feel confused when applying.

At this time, the emergence of the Hague system opened up a new way for applicants to apply for design patents in various countries around the world, providing a new approach. In recent work, we have also found that more and more companies and innovators are paying attention to this system.

So, in today's article, we will bring you——Detailed Introduction to The Hague System.

1、 What is The Hague System?

The Hague system emerged because with the development of the economy, businesses and innovators need to protect their inventions, brands, and designs in a more convenient and cost-effective way in their business activities.

In order to meet the needs of the public, intellectual property organizations provide a range of global services to help protect intellectual property across borders. The Hague system was born from this.

The Hague system provides a unique international mechanism, whereby design rights can be obtained and managed simultaneously in multiple countries or regions through a single application, using one language, and paying a set of fees. One international registration is equivalent to several national or regional registrations.

By utilizing this international registration, subsequent management (including modifications, updates, and renewals) can be completed in one step through the property rights organization. This not only helps applicants save a lot of application time, but also saves a significant amount of costs.

2、 Who can use the Hague system?

1. Nationals of the contracting parties to the Hague System (a total of 79 member states, including all countries of the European Union and the African Intellectual Property Organization);

2. Any person who has a domicile or habitual residence in the contracting party;

3. Any person who has a genuine and valid place of business in the contracting party.

3、 Where can I obtain design protection using the Hague system?

By using the Hague System, design protection can be obtained in any contracting party of the Hague System. If one wishes to protect a design in a jurisdiction that is not a party to the Hague Agreement, a national (or regional) application must be submitted.

4、 The specific costs of the Hague system

There are three types of fees required for international design applications, all of which are paid in Swiss francs (CHF):

1. Basic fee (397 Swiss francs for one design; 19 Swiss francs for each additional design in the same application).

2. Publication fee (17 Swiss francs per copy; 150 Swiss francs per page for one or more copies);

3. Standard designation fee or separate designation fee for each contracting party seeking protection from it. Note: The standard designation fee adopts a three-level structure to reflect the level of review implemented by the contracting parties.

5、 The benefits of using The Hague system

1. Global coverage, streamlined programs

Through the Hague system, up to 100 designs can be protected in over 90 countries with just one international application.

2. Economical and centrally managed

Don't worry about different languages, currencies, or programs in a single country or target market. Submit an international application in one language, pay a set of fees in one currency, and only need to deal with one intellectual property office (WIPO).

Plan the international registration and publication time based on the company's strategy, and request publication only when the design is ready for public release in the market. Directly manage your international registration through the property rights organization. A registration data change request automatically applies to all designated contracting parties.

Extend your international registration directly through the intellectual property organization in any number of contracting parties, with no limit on the number of design entries.

3. Stay informed anytime, anywhere

The relevant information of the application will be sent to the applicant or designated agent through the internet, allowing people to stay informed of the status of the international registration at any time.

6、 Hague System Procedure

7、 Regarding International Registration

1. Effectiveness

As long as the rejection is not notified to the World Intellectual Property Organization within the prescribed time limit, international registration can provide protection in all designated contracting parties. Some contracting parties may issue "declarations of protection". If the rejection is successful, the intellectual property office of the contracting party must issue a notice of revocation of the rejection or a declaration of protection.

The rights arising from international design protection and the conditions for such protection shall be governed by the domestic law of the contracting parties.

2. Protection period

The initial protection period under the Hague system is 5 years. International registration can be renewed twice to ensure protection for at least 15 years. If the national legislation of a single contracting party allows for a longer protection period, this also applies to international registration. For example, the European Union (one of the contracting parties) allows a long protection period of 25 years, which means that if your international registration specifies the European Union, your international registration can be renewed for up to 25 years.

3. Continuation of Protection

EHage allows for easy renewal of protection. All or part of the designs included in the international registration can be renewed, with no limit on the number of designated contracting parties.

4. Change

It is very important to keep the international registration in a new state (such as ownership change, appointment of agent, request for waiver or restriction, etc.). The Hague system helps to centrally manage all aspects of international registration.

All changes (currently requiring the use of formal Hague system forms) shall be registered in the International Register and published in the International Design Bulletin. The change automatically applies to all designated contracting parties (except in cases of restriction or waiver).

summarize

The Hague system can be summarized in four words:Simple, efficient, global coverage, and centralized.

firstThe Hague system submits an application digitally (including up to 100 designs of the same category);

secondThe Hague system allows for the use of only one language, payment of a set of fees, and communication with one party;

Thirdly, the single application framework of the Hague system can save applicants a lot of time and costs to a large extent;

fourthThe Hague system can simultaneously obtain protection for design in over 90 countries worldwide;

finallyApplicants under the Hague system can easily manage all aspects of registration directly through the property rights organization.