The Hague System

 HagueAgreement.svg

  Hague Union State, Party to 1960 Hague Act
  Hague Union State, Parties to 1999 Geneva left;"
  covered by Regional Economic Integration Organization (REIO), not separate member
  Hague Union State, also covered by REIO
Author L.tak Licence CC BY-SA 4.0 Source Wikimedia

Jane Lambert


The Hague Agreement facilitates legal protection of industrial designs in multiple jurisdictions from a single application much in the way that the Patent Cooperation Treaty does for inventions and Madrid for brands.  It was concluded in 1925 but it had very few members until recently.  It first began to affect businesses in the United Kingdom in 2008 when the European Union joined the system.  The United Kingdom acceded in its own right on 13 June 2018.  Other countries that have joined since 2008 include Canada, Israel, Japan, Russia, South Korea, Turkey and the USA. There are now 76 states that are members of the Hague Union  

The latest country to join is China which deposited its instrument of accession on 5 Feb 2022 (see the WIPO Press release 2022/885 5 Feb 2022). China's accession will greatly enhance the importance of the Hague System as 795,504 designs were filed from China in 2020.  According to the same press release, that amounted to 55% of the world's total. Chinese accession will make it easier for manufacturers from that country to obtain protection for their products in the rest of the world.  At the same time, it also presents opportunities for luxury goods and other suppliers here.

Only citizens, residents, persons domiciled in or otherwise closely connected with a contracting party may apply for protection of a design under these arrangements.  Applications may be made in English, French or Spanish to the International Bureau of the World Intellectual Property Organization.  They are examined for compliance with certain formalities.  If an application is accepted it is entered in the international register and circulated to the designated member states.  If a state objects to a design it can notify the International Bureau of its objection in which case the registration does not apply to that country.  Absent such notification, the design is protected for up to 15 years.

There is a Summary of the Hague Agreement Concerning the International Registration of Industrial Designs (1925) on the WIPO website,  There is also a Hague Guide for Users, a Hague System Information Kit and other resources on that site including the Geneva Act to which the UK is party.

Anyone wishing to discuss this article may call me on 020 7404 5252 during office hours or send me a message through my contact form.

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