Publish Time:2022-05-05 14:19 Extract From:https://www.cnipa.gov.cn/art/2022/5/5/art_2913_175394.html
The Hague Agreement entered into force in China Ten questions and ten answers from the China National Intellectual Property Administration
The World Intellectual Property Organization (WIPO) "The Hague Agreement concerning the International Registration of Industrial Designs (“Hague Agreement”) entered into force in China on May 5. How to apply for the use of the "Hague Agreement"? What are the benefits? How long is the protection period? Many practical issues after the entry into force have attracted much attention.
1. What is the Hague System?
The Hague System consists of two international agreements, the Hague Act of the Hague Agreement Concerning the International Registration of Industrial Designs (1999). Applicants can replace the original need to submit multiple applications to each country or region with one international application through the Hague system, simplifying the multi-country registration process.
2. What are the benefits of the Hague System?
The first benefit is to file an international application in one language to register up to 100 designs belonging to the same category of products in more than 90 countries; the second benefit is to pay a set of fees using one currency (Swiss francs); the third benefit is to choose immediate publication, normal publication or delayed publication, such that the time of publication of registration is suitable for your own business strategy; and the fourth benefit is to renew and manage registration directly through the WIPO.
3. How many places can an applicant obtain protection through the Hague System?
As of February 2022, the Hague Union has a total of 77 members, covering 94 countries, and major countries and regions such as the United States, Europe, Japan, and South Korea have joined
4. Do you have to appoint a representative to use the Hague system?
An applicant can choose whether to appoint a representative during the international procedure. If the applicant appoints a representative, only one representative can be appointed. The Hague System does not impose any restrictions or requirements on the qualifications of the representative in international procedure.
5. How to submit documents for an applicant using the Hague system?
The applicant can submit an application directly to the International Bureau through the electronic application interface of the WIPO website, or download the official form on the WIPO website and send the application form to the International Bureau; or, if the office of the contracting party permits, the applicant can also submit an international application indirectly through the office of the contracting party.
6. How to pay the fees for an applicant using the Hague system?
The applicant shall pay the fee to the International Bureau in Swiss francs. The main fees include the basic fee, the publication fee, the standard designation fee or the individual designation fee. A fee schedule and automatic fee calculator are available on the WIPO website.
7. How long does it take to obtain an international registration after applying using the Hague system?
The International Bureau will conduct a formal examination. If the requirements are not met, the applicant needs to make amendments within 3 months; if the requirements are met, the international application will be recorded in the International Register and published 12 months after the international registration date, unless the applicant requests immediate publication or delayed publication.
8. Can national protection be obtained after obtaining the international registration?
After the international registration, national protection is immediately available if the national Office designated by the applicant issues a declaration granting protection. If no declaration is made, for the registration office (most offices such as the European Union), if no declaration is issued within 6 months, the international registration will take effect in the country by default; for the examination office (15 offices such as the United States, Japan and South Korea), if the refusal notice is not issued within 12 months, the international registration will take effect in the country by default.
9. How long is the protection period after the authorization of the Hague application?
An international registration of a design is effective for an initial period of five years and can be renewed twice in a five-year period. For the contracting parties bound by the 1999 Act, the protection period is at least 15 years.
10. What bibliographic changes can the applicant handle through the International Bureau?
The following changes may be recorded in the International Register: name and address of the holder; ownership of the international registration; renunciation of all industrial designs in any or all of the designated Contracting Parties; and limitation of some industrial designs in any or all of the designated Contracting Parties