Hague Agreement On Industrial Design

The agreement was reached in the Dutch city of The Hague. The objective of introducing the Hague System in Canada is to help companies commercialize their intellectual property by adapting Canada`s industrial design framework to international standards and simplifying the application process by reducing regulatory burdens, reducing costs and reducing bureaucracy. When an international application is filed with the Intellectual Property Office, a transmission fee of VND 2 million (approximately USD 87) per design must be filed in accordance with Rule 13 (2). Note that the scope of protection conferred on a design in all jurisdictions depends entirely on the law in those jurisdictions, so the Hague Convention provided only for an international procedure for obtaining such protection. Vietnam has made the declaration referred to in Article 13(1) of the 1999 Law that Vietnamese law allows only a separate and distinct design to be claimed in a single international application, with the exception of: the filing fee consists of three types of fees: a basic fee, a publication fee and a designation fee for each designated Contracting Party. Video – Protecting Your Industrial Designs with WIPO`s Hague System Under the amended Industrial Designs Act, the maximum term of protection for an industrial design is now 10 years after the date of registration of the design or 15 years after the date of international filing. In addition, the regulations no longer require applicants to file a title, description and complete mailing address at the same time as their application in order to secure a filing date. On the contrary, the Hague System simply requires the applicant to clearly indicate that registration of a professional design is sought, that there is sufficient material to identify the applicant, that there is sufficient contact information to contact the customer, and that there is a representation of the design. A professional design shall not be considered non-existent if it has been published in the following circumstances, provided that the application for registration of the professional design is filed within six months of the date of publication: the streamlined Hague system is available to any natural or legal person who has a domicile or an effective commercial or commercial establishment within the Tribunal. one of the Contracting Parties to the Hague Agreement. The amendments also codified the ordinary law examination for novelty by requiring that the registrable design or a design that is not appreciably different not be applied to a finished issuance document and that it be made public more than 12 months before the priority date of the application. Countries can become parties to the 1960 Act (The Hague), the 1999 Act (Geneva) or both.

If a country signs only one law, applicants from that country can only use the Hague System to obtain protection for their designs in other countries subject to the same law. For example, since Japan has only signed the 1999 Geneva Act, applicants who can use the Hague System because they reside in the European Union can only benefit from protection in countries that have also signed the 1999 law or the 1999 and 1960 laws. A description is required. Vietnam has made the declaration referred to in Article 5(2)(a) of the 1999 Act that an international application designating Vietnam must contain a brief description of the characteristics of the design referred to in Article 5(2)(b)(ii). The following comments provide an overview of how Vietnam is implementing the Agreement and is based on the country`s instrument of accession and its declarations, as well as information recently exchanged at a workshop organized by the Vietnam Intellectual Property Office and discussions with officials of the Patent Office. . . .

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