THE HAGUE SYSTEM
INDUSTRIAL DESIGN
REGISTRATION
****
A TREATY READY FOR
RATIFICATION
Background, Procedure and
Selected Statistics (1998 and 1999)
William T. Fryer, III © 2000
This presentation was adapted and supplemented
from a 1999 paper presented in French by Mr.
Gregoire Bisson, Head of the Industrial Design
Registry, World Intellectual Property
Organization (WIPO)
The presentation can be downloaded, copied and
displayed for non-commercial purposes, with
credit given to William T. Fryer III and the
copyright notice displayed.
HISTORY OF THE HAGUE AGREEMENT
CONCERNING THE INTERNATIONAL
DEPOSIT OF INDUSTRIAL DESIGNS
• Adopted in 1925 and entered into force in
June 1928
• The initial members were: Germany,
Spain, France and Switzerland.
• The 1925 Act was not very active.
• Major revisions occurred in 1934 and 1960.
• The 1960 Act is the version most widely
used now.
HAGUE AGREEMENT HISTORY
(continued)
• A Geneva Act of the Hague Agreement was
approved in 1999. It is this Act that is up
for ratification in the U. S.
THE 1934 ACT
• Entered into force in June 1939
• Member States (16): Benin, Ivory Coast,
Egypt, Spain, France, Germany, Hungary,
Indonesia, Liechtenstein, Morocco, Monaco,
Holy See, Senegal, Suriname, Switzerland,
and Tunisia.
(Countries in blue or underlined are equally parties
to the 1960 Act; Netherland Antilles effect only
under 1934 Act)
THE 1934 ACT PROCEDURE
• French language only
• More than one design in several classes can
be filed in an application
• Registration has effect in all members,
except the country of origin
• Publication of registration information
• Duration is 5 years or 15 years
THE 1960 ACT
• Entered into force in August 1984
• Currently 24 members: Belgium, Benin, Bulgaria, Ivory
Coast, Germany, Democratic People ’s Republic of Korea,
France, Greece, Hungary, Italy, Liechtenstein,
Luxembourg, Monaco, Mongolia, Morocco, The
Netherlands, Republic of Moldova, Romania, Senegal,
Slovenia, Suriname, Switzerland, Republic of Macedonia,
and Yugoslovia.
(The countries in blue or underlined are equally parties to the
1934 Act.)
1960 ACT PROCEDURE
•
•
•
•
•
File directly with WIPO
In French or English
File design reproduction
100 designs in the same class maximum
Designate the State, including country of
origin, unless contrary to national law
• Review by WIPO on formalities accepted by
contracting parties
1960 ACT PROCEDURE
(Continued)
• 12 month publication deferment (roughly
10% of the applications requested in 1999)
• Publication of design on CD-ROM
• Protection under national law
• Effective for 5 years and renewable at least
one time for 5 years more
THE 1999 ACT
• Treaty approved July 2, 1999
• Many countries and inter-governmental
organizations signed this treaty, including
the U.S.A. At the close of the period for
signature, 29 countries has signed.
• The treaty is in the process of acquiring
members, in order to come into force.
THE 1999 ACT PROCEDURES
• FILING WITH NATIONAL OFFICE OR
WIPO
• DEFERED PUBLICATION UP TO EACH
MEMBER
• EXAMINATION FOR NOVELTY
ACCOMMODATED
THE 1999 ACT ADVANTAGES
• Affordable filing costs, with up to 100
designs from one class maximum
• In many countries the filing cost is all that
is paid to obtain a registration.
• Centralized filing, processed by WIPO
• Prompt WIPO processing - usually
registration published in 6 months from
WIPO filing date
1999 ACT ADVANTAGES
(Continued)
• Internet access for applicant filing and
searching, and for national office and WIPO
communications are planned.
• Application for all countries on one form and
in English or French
• Filing with WIPO by design owner or
representative
• Communications with WIPO in English
1998 STATISTICS
• Number of Deposits ----------------------------------------- 3,970
• Designs Contained in Deposits -------------------------- 18,921
• Average Number of Designs in Each Application --------- 4.8
• Average Number of States Designated ---------------------- 11
• Average Cost for Deposit --------------------------- 1400 CHF
• Estimated Average Cost per country ------------------- $ US 76
• Estimated Average Cost per Country/per Design ----- $ US 15
(U.S. dollar computation was based on approximate exchange
rate on June 12, 2000; calculation was based on designating 11
countries and 4 designs.)
1999 STATISTICS
Number of Deposits (3% increase from 1998)
-------------------------------------------- 4,093
•
• Designs Contained in Deposits (4.4 %
increase from 1998) ------------------- 19,763
• Average Number of Designs in Each
Application (1998 same) ------------------- 4.8
• Average Number of States Designate (1998
same) ---------------------------------------- 11
DISTRIBUTION OF REGISTRATIONS
BASED ON COUNTRY OF ORIGIN - 1998
Registered deposits by country of the owner for 1998
Countries
Greece
BENELUX
ESPAGNE
FRANCE
ITALIE
SUISSE
Autres
Number of deposits
1156
575
179 SWITZERLAND
1003
14%
456
556
45
OTHER
1%
GERMANY
30%
ITALY
11%
FRANCE
25%
SPAIN
5%
BENELUX
14%
DESIGNATIONS IN 1998
FR
7%
Autres
22%
DE
7%
BX
7%
MC
2%
IT
7%
LI
2%
HU
2%
CH
6%
GR
2%
VA
5%
ID
5%
EG
5%
TN
5%
MA
5%
AN
5%
ES
5%
DEPOSITS ACCORDING TO CLASSES IN
1998
cl.2
5%
cl.6
12%
Others
25%
cl.7
7%
cl.8
5%
cl.26
4%
cl.23
5%
cl.19
4%
cl.9
10%
cl.14
5%
cl.12
5%
cl.11
5%
cl.10
8%
DESIGNATIONS ACCORDING TO
CLASSES IN 1998
cl.2
4%
Autres
15%
cl.25
3%
cl.6
10%
cl.26
4%
cl.7
7%
cl.8
5%
cl.23
5%
cl.21
3%
cl.20
3%
cl.9
10%
cl.19
4%
cl.14
5%
cl.12
5%
cl.11
5%
cl.10
12%
1999 MOST POPULAR CLASSES
•
•
•
•
•
•
Class 6 --- Furniture
Class 7 --- Household Goods
Class 9 --- Packages and Containers
Class 10 --- Watches and Clocks
Class 12 -- Means of Transportation ….
Class 23 -- Heating, Ventilation and Air
Conditioning Equipment
CONCLUSIONS
• The Hague 1999 Act on industrial design
registration combines a number of popular,
cost cutting features from its prior acts.
• The 1999 Act accommodates novelty
examination countries.
• The Internet implementation of the 1999
Act will facilitate efficient use.
• Global membership of the 1999 Act is
expected.
END