Hague Agreement Concerning the International Deposit of Industrial Designs
![]() Hague Union State, Party to 1960 Hague Act
Hague Union State, Parties to 1999 Geneva Act
covered by Regional Economic Integration Organization (REIO), not separate member
Hague Union State, also covered by REIO | |
Signed | 6 November 1925 (The Hague Agreement) 2 June 1934 (London act) 14 July 1967 (The Hague Act/Stockholm addnl Act) 2 July 1999 (Geneva Act) |
---|---|
Location | The Hague |
Effective | 1 June 1928 |
Parties | 75[1] |
Depositary | Switzerland (1925/1934) Netherlands (1960) WIPO (1999) |
The Hague Agreement Concerning the International Deposit of Industrial Designs, also known as the Hague system provides a mechanism for registering an industrial design in several countries by means of a single application, filed in one language, with one set of fees. The system is administered by WIPO.
Instruments[]
The Hague Agreement consists of several separate treaties,[2] the most important of which are: the Hague Agreement of 1925, the London Act of 2 June 1934,[3] the Hague Act of 28 November 1960 (amended by the Stockholm Act),[4] and the Geneva Act of 2 July 1999.[5]
The original version of the Agreement (the 1925 Hague version) is no longer applied, since all states parties signed up to subsequent instruments. The 1934 London Act formally applied between a London act state that did not sign up to the Hague and/or Geneva Act in relation with other London act states until October 2016. Since 1 January 2010, however, the application of this act had already been frozen.
Countries can become a party to the 1960 (Hague) Act, the 1999 (Geneva) Act, or both. If a country signs up to only one Act, then applicants from that country can only use the Hague system to obtain protection for their designs in other countries which are signed up to the same Act. For instance, because the Japan has only signed up to the 1999 (Geneva) Act, applicants which qualify to use the Hague system because their domicile is in the European Union can only get protection in countries which have also signed up to the 1999 Act or to both the 1999 and 1960 Acts.
Contracting Parties (member countries)[]
All contracting parties to one or more of the instruments of the Hague Agreement are members of the Hague Union. A list is shown below:
Code[a] | Member | The Hague 1925 | London 1934[b] | The Hague 1960 | Stockholm 1967 | Geneva 1999 | territorial scope |
---|---|---|---|---|---|---|---|
OA | OAPI | 16 September 2008 | |||||
AL | ![]() |
19 March 2007 | 19 March 2007 | 19 March 2007 | |||
AM | ![]() |
13 July 2007 | |||||
AZ | ![]() |
8 December 2010 | |||||
BY | ![]() |
19 July 2021 | |||||
BX | ![]() |
27 July 1929- 1 January 1975 |
24 November 1939- 1 January 1975 |
1 August 1984[c] | 28 May 1997[c] | 18 December 2018[c] | Territory also covered by EM |
BZ | ![]() |
12 July 2003 | 12 July 2003 | 9 February 2019 | |||
BJ | ![]() |
2 November 1986- 18 October 2016 |
2 November 1986 | 2 January 1987 | Territory also covered by OA | ||
BA | ![]() |
24 December 2008 | |||||
BW | ![]() |
5 December 2006 | |||||
BN | ![]() |
24 December 2013 | |||||
CA | ![]() |
5 November 2018 | |||||
KH | ![]() |
25 February 2017 | |||||
CI | ![]() |
30 May 1993- 18 October 2016 |
30 May 1993 | 30 May 1993 | Territory also covered by OA | ||
HR | ![]() |
12 February 2004 | 12 February 2004 | 12 April 2004 | Territory also covered by EM | ||
DK | ![]() |
9 December 2008 | Territory also covered by EM incl. ![]() ![]() | ||||
-- | ![]() |
1949- 3 October 1990 |
7 May 1989- 3 October 1990 |
7 May 1989- 3 October 1990 |
|||
EG | ![]() |
1 July 1952- 18 October 2016 |
27 August 2004 | ||||
EE | ![]() |
23 December 2012 | Territory also covered by EM | ||||
EM | ![]() |
1 January 2008 | |||||
FI | ![]() |
1 May 2011 | Territory also covered by EM | ||||
FR | ![]() |
20 October 1930 | 25 June 1939- 18 October 2016 |
1 August 1984 | 27 September 1975 | 18 March 2007 | Territory also covered by EM Including all territories |
GA | ![]() |
18 August 2003 | 18 August 2003 | Territory also covered by OA | |||
DE | ![]() |
1 June 1928 | 13 June 1939- 18 October 2016 |
1 August 1984 | 27 September 1975 | 13 February 2010 | Territory also covered by EM Stockholm and Hague act: Including "Land Berlin |
GE | ![]() |
1 August 2003 | 1 August 2003 | 23 December 2003 | |||
GH | ![]() |
16 September 2008 | |||||
GR | ![]() |
18 April 1997 | 18 April 1997 | Territory also covered by EM | |||
HU | ![]() |
7 April 1984- 1 February 2005 |
1 August 1984 | 7 April 1984 | 1 May 2004 | Territory also covered by EM | |
IS | ![]() |
23 December 2003 | |||||
ID | ![]() |
27 December 1949- 3 June 2010 |
|||||
IL | ![]() |
3 January 2020 | |||||
IT | ![]() |
13 June 1997 | 13 August 1987 | Territory also covered by EM | |||
JP | ![]() |
13 May 2015 | |||||
KG | ![]() |
17 March 2003 | 17 March 2003 | 23 December 2003 | |||
LV | ![]() |
26 July 2005 | Territory also covered by EM | ||||
LI | ![]() |
14 July 1933 | 28 January 1951- 18 October 2016 |
1 August 1984 | 27 September 1975 | 23 December 2003 | |
LT | ![]() |
26 September 2008 | Territory also covered by EM | ||||
BX | ![]() |
1 August 1984[c] | 28 May 1979[c] | 18 December 2018[c] | Territory also covered by EM | ||
MK | ![]() |
18 March 1997 | 18 March 1997 | 22 March 2006 | |||
ML | ![]() |
7 September 2006 | 7 September 2006 | Territory also covered by OA | |||
MX | ![]() |
6 June 2020 | |||||
MD | ![]() |
14 March 1994 | 14 March 1994 | 23 December 2003 | |||
MC | ![]() |
29 April 1956- 18 October 2016 |
1 August 1984 | 27 September 1975 | 9 June 2011 | ||
MN | ![]() |
12 April 1997 | 12 April 1997 | 19 January 2008 | |||
ME | ![]() |
3 June 2006 | 3 June 2006 | 5 March 2012 | succession from Serbia and Montenegro | ||
MA | ![]() |
20 October 1930 | 21 January 1941- 18 October 2016 |
13 October 1999 | 12 October 1999 | ||
NA | ![]() |
13 June 2004 | |||||
BX | ![]() |
1 June 1928- 1 January 1975 |
5 August 1948- 1 January 1975 |
1 August 1984[c] | 28 June 1979[c] | 18 December 2018[c] | Territory also covered by EM London Act incl Dutch East Indies (-1950), Suriname (-1975), Netherlands Antilles (-2010), Aruba (1986-2011), Curaçao, Sint Maarten and Caribbean Netherlands (2010-2011) |
NE | ![]() |
20 September 2004 | 20 September 2004 | Territory also covered by OA | |||
KP | ![]() |
27 May 1992 | 27 May 1992 | 13 September 2016 | |||
NO | ![]() |
17 June 2010 | |||||
OM | ![]() |
4 March 2009 | |||||
PL | ![]() |
2 July 2009 | Territory also covered by EM | ||||
RU | ![]() |
28 February 2018 | |||||
RO | ![]() |
18 July 1992 | 18 July 1992 | 23 December 2003 | Territory also covered by EM | ||
RW | ![]() |
31 August 2011 | |||||
WS | ![]() |
2 January 2020 | |||||
SM | ![]() |
26 January 2019 | |||||
ST | ![]() |
8 December 2008 | |||||
SN | ![]() |
30 June 1984- 18 October 2016 |
1 August 1984 | 30 June 1984 | Territory also covered by OA | ||
RS | ![]() |
30 December 1993 | 30 December 1993 | 9 December 2009 | |||
SG | ![]() |
17 December 2005 | |||||
SI | ![]() |
13 January 1995 | 13 January 1995 | 23 December 2003 | Territory also covered by EM | ||
KR | ![]() |
1 July 2014 | |||||
ES | ![]() |
1 June 1928 | 2 March 1956- 18 October 2016 |
23 December 2003 | Territory also covered by EM Hague agreement and London Act: Including Spanish Morocco (-1956) and Colonies (1947-1975) | ||
SR | ![]() |
25 November 1975- 18 October 2016 |
1 August 1984 | 23 February 1977 | |||
CH | ![]() |
1 June 1928 | 24 November 1939- 19 November 2010 |
1 August 1984 | 27 September 1975 | 23 December 2003 | |
SY | ![]() |
7 May 2008 | |||||
TJ | ![]() |
21 March 2012 | |||||
-- | Tangier | 6 March 1936- 1956 |
13 June 1939- 1956 |
now part of Morocco | |||
TN | ![]() |
20 October 1930 | 4 October 1942- 18 October 2016 |
13 June 2012 | |||
TR | ![]() |
1 January 2005 | |||||
TM | ![]() |
16 March 2016 | |||||
UA | ![]() |
28 August 2002 | 28 August 2002 | 23 December 2003 | |||
UK | ![]() |
13 June 2018 | Territory until 2021 also covered by EM. Incl. Isle of Man (2018-) and Guernsey (2021-) | ||||
US | ![]() |
13 May 2015 | |||||
VA | ![]() |
29 June 1960- 4 August 2007 |
|||||
VN | ![]() |
30 December 2019 |
- Notes
A list of the Contracting Parties is maintained by WIPO.
Use of the system[]
![](http://upload.wikimedia.org/wikipedia/commons/thumb/2/24/25._Designs_in_Hague_international_applications_for_the_top_10_origins.png/220px-25._Designs_in_Hague_international_applications_for_the_top_10_origins.png)
Qualification to use the Hague system[]
Applicants can qualify to use the Hague system on the basis of any of the following criteria:
- the applicant is a national of a Contracting Party (i.e. member country)
- the applicant is domiciled in a Contracting Party
- the applicant has a real and effective industrial or commercial establishment in a Contracting Party
- the applicant has their habitual residence in a Contracting Party (only available if the Contracting Party in question has adhered to the 1999 (Geneva) Act)
An applicant who does not qualify under one of these headings cannot use the Hague system. The Contracting Parties include not only individual countries, but also intergovernmental organisations such as the African Intellectual Property Organization (OAPI) and the European Union. This means an applicant domiciled in an EU member country that is not a Contracting Party, such as Austria or the United Kingdom, can nevertheless use the Hague system on the basis of his or her domicile in the European Union.
Application requirements[]
An application may be filed in English, French, or Spanish, at the choice of the applicant. The application must contain one or more views of the designs concerned and can include up to 100 different designs provided that the designs are all in the same class of the International Classification of Industrial Designs (Locarno Classification).
The application fee is composed of three types of fees: a basic fee, a publication fee, and a designation fee for each designated Contracting Party.
Examination and registration procedure[]
The application is examined for formal requirements by the International Bureau of WIPO, which provides the applicant with the opportunity to correct certain irregularities in the application. Once the formal requirements have been met, it is recorded in the International Register and details are published electronically in the International Designs Bulletin on the WIPO website.
If any designated Contracting Party considers that a design which has been registered for protection in that Contracting Party does not meet its domestic criteria for registrability (e.g. it finds that the design is not novel), it must notify the International Bureau that it refuses the registration for that Contracting Party. In every Contracting Party that does not issue such a refusal, the international registration takes effect and provides the same protection as if the design(s) had been registered under the domestic law of that Contracting Party.
Duration & renewal[]
The duration of an international registration is five years, extendable in further five-year periods up to the maximum duration permitted by each Contracting Party. For the 1934 London Act the maximum term was 15 years.
Renewals are handled centrally by the International Bureau. The applicant pays a renewal fee and notifies the International Bureau of the countries for which the registration is to be renewed.
Naming[]
The agreement was concluded at the Dutch city The Hague.
References[]
- ^ Party to any of the treaties
- ^ Full texts of the Hague Agreement, Regulations and Administrative Instructions. WIPO
- ^ London Act of the Hague Agreement Archived 8 October 2009 at the Wayback Machine. WIPO
- ^ Hague Act of the Hague Agreement Archived 21 November 2009 at the Wayback Machine. WIPO
- ^ Geneva Act of the Hague Agreement Archived 16 August 2009 at the Wayback Machine. WIPO
External links[]
- World Intellectual Property Organization (WIPO) information on the Hague Agreement
- List of the Contracting Parties (in English) in the WIPO Lex database — official website of WIPO.
- Intellectual property law of the European Union
- Industrial design
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