Hague Agreement Concerning The International Deposit Of Industrial Designs

Summary of Hague Agreement Concerning The International Deposit Of Industrial Designs

An international agreement that provides protection for industrial designs in all contracting states, usually by means of a single application. In the case of registrations affecting Egypt, France, German Democratic Republic, German Federal Republic, Holy See, Indonesia, Liechtenstein, Monaco, Morocco, Spain, Surinam, Switzerland, Tunisia, and Vietnam, nationals or residents of any of those countries (including persons having bona fide places of business in any of them) file a single application for protection with the World Intellectual Property Organization (read this and related legal terms for further details) (WIPO). No application need be made to the national industrial property office. A person filing a design is deemed, prima facie, to be the owner in all states adhering to the agreement.

Designs may be submitted under open cover, i.e., available for inspection, or sealed cover, at the option of the party making application. Protection is afforded for fifteen years; after the first five years, designs are placed under open cover.

In transactions between Belgium, Liechtenstein, Luxembourg, Netherlands, Surinam, and Switzerland, special procedures apply. The applicant applies either to WIPO directly, or through his national industrial property office, as the laws of his country stipulate. Applications cannot be made under sealed cover, and the term of protection varies; in no case may it be less than five years, or ten years if renewed during the first five years. Protection may be afforded for longer periods, as specified in national laws.

The Hague Agreement was adopted in 1925, and was revised at London (1934) and The Hague (1960), and by an Additional Act at Monaco (1961); in addition, a Complementary Act was appended at Stockholm (1967) and a Protocol was added at Geneva (1975).

The agreement is administered by WIPO and is open to all states adhering to the Paris Convention For The Protection Of Industrial Property

(read this and related legal terms for further details). On March 15, 1983, the following states were adherents to The Hague Agreement:

Belgium Luxembourg

Egypt Monaco

France Morocco

German Democratic Netherlands

Republic Spain

German Federal Republic Surinam Holy See Switzerland

Indonesia Tunisia

Liechtenstein Vietnam

(Main Author: William J. Miller)