International Design Registration Flashcards
What is the Hague agreement
concerns international registration of industrial designs
provides common minimal level of registered design protection
available to any person who is a national, or resident or who has a commercial establishment in the territory of a contracting state
How can you apply for a Hague Design
File an application at the IB or states IP office
What should a Hague application include
- a request for international registration
- a designation of states for protection
- suitable reproductions of intended designs
- fees
- some states require identification of creator and/or description of design
Can errors in Hague designs be corrected
yes - an invitation will be sent. filing date may be delayed until corrections filed.
Can you claim priority for / from a Hague design
YES
from one or more earlier applications in any contracting or WTO state
to another design if a first filing
What is the registration date for a Hague design
the filing date, even if publication is delayed
Can a contracting state refuse some or all of an application
Yes, in accordance with any national laws, as long as they are not in conflict with the Hague agreement (e.g. some may only permit single designs in an application)
Unity may be fixed during national phases with e.g. divisional filings
What rights does registration of an international design application give
At least the same effect in each state as regularly filed applications in that state
What is on the IB designs register
changes of ownership, address, and representation and the status of rights in each designated states
What is the term of a granted international design
5 years initial, renewable in five year increments up to at least 15 years, and longer if allowed in a contracting state for regular registered design rights.
